Home/Case Law/Joseph Vivirito vs. CITY OF GLENDALE
Regular DecisionWorkers' Compensation

Joseph Vivirito vs. CITY OF GLENDALE

Filed: Jun 08, 2015
Marina Del Rey
ADJ7009099

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and amended a prior award, reducing the applicant's permanent disability from 76% to 73%. The primary issue was the apportionment of the applicant's gastritis disability, with the Board finding that 20% should be attributed to non-industrial factors, as supported by an Agreed Medical Evaluator's opinion. The Board also noted a mathematical error in the initial indemnity calculation and deferred the issue of attorney's fees to the Disability Evaluation Unit.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and amended a prior award, reducing the applicant's permanent disability from 76% to 73%. The primary issue was the apportionment of the applicant's gastritis disability, with the Board finding that 20% should be attributed to non-industrial factors, as supported by an Agreed Medical Evaluator's opinion. The Board also noted a mathematical error in the initial indemnity calculation and deferred the issue of attorney's fees to the Disability Evaluation Unit.

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