Home/Case Law/JUAN GALVAN vs. CITY OF LOS ANGELES, TRISTAR RISK MANAGEMENT
Regular DecisionReconsideration

JUAN GALVAN vs. CITY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

Filed: Jul 26, 2017
Van Nuys
ADJ10320556 ADJ10321423

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained 16% permanent disability from a 2015 injury and 4% from a 2011 injury. The Board found the Agreed Medical Examiner's (AME) apportionment of disability between the two injuries was not substantial evidence, as it was inconsistent with the assigned impairment ratings and lacked sufficient reasoning. The Board rescinded the prior award and returned the matter for further proceedings, potentially requiring a supplemental report from the AME to clarify apportionment. This decision emphasizes the need for medical reports to provide reasoned explanations for apportionment, not just conclusions.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained 16% permanent disability from a 2015 injury and 4% from a 2011 injury. The Board found the Agreed Medical Examiner's (AME) apportionment of disability between the two injuries was not substantial evidence, as it was inconsistent with the assigned impairment ratings and lacked sufficient reasoning. The Board rescinded the prior award and returned the matter for further proceedings, potentially requiring a supplemental report from the AME to clarify apportionment. This decision emphasizes the need for medical reports to provide reasoned explanations for apportionment, not just conclusions.

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