CompFox AI Summary
This case involves an employee, Kelly Truesdell, who sought workers' compensation for injuries sustained during his employment. The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding Truesdell to be permanently and totally disabled. The defendant, Von's Grocery Company, had argued that the Agreed Medical Examiner's (AME) opinions were insufficient and presented new evidence of improvement. However, the WCAB found the AME's opinions, particularly those of Dr. Angerman, constituted substantial evidence supporting the 100% permanent disability rating based on objective findings and the applicant's inability to compete in the labor market. The defendant's request to introduce newly discovered evidence was also rejected due to a lack of required proof.
Full Decision Text1 Pages
This case involves an employee, Kelly Truesdell, who sought workers' compensation for injuries sustained during his employment. The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding Truesdell to be permanently and totally disabled. The defendant, Von's Grocery Company, had argued that the Agreed Medical Examiner's (AME) opinions were insufficient and presented new evidence of improvement. However, the WCAB found the AME's opinions, particularly those of Dr. Angerman, constituted substantial evidence supporting the 100% permanent disability rating based on objective findings and the applicant's inability to compete in the labor market. The defendant's request to introduce newly discovered evidence was also rejected due to a lack of required proof.
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