Home/Case Law/KENNETH MOORE vs. STATE OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

KENNETH MOORE vs. STATE OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND

Filed: Jul 21, 2009
San Francisco
ADJ2863902

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding of 20 percent permanent disability for a corrections officer's hernia injury. The defendant argued that the AMA Guides warranted zero percent impairment, but the Board found the agreed medical examiner's report constituted substantial evidence. The examiner determined the applicant met criteria for class II impairment based on frequent discomfort precluding heavy lifting, even with surgical mesh obscuring a palpable defect. The Board deferred to the medical expert's opinion, affirming the prior award.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding of 20 percent permanent disability for a corrections officer's hernia injury. The defendant argued that the AMA Guides warranted zero percent impairment, but the Board found the agreed medical examiner's report constituted substantial evidence. The examiner determined the applicant met criteria for class II impairment based on frequent discomfort precluding heavy lifting, even with surgical mesh obscuring a palpable defect. The Board deferred to the medical expert's opinion, affirming the prior award.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

KENNETH MOORE vs. STATE OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND (2009) – San Francisco | CompFox