Home/Case Law/LARISSA CHERNOMORSKAYA vs. HARRY W. SAPERSTEIN, M.D., INC., EMPLOYERS COMPENSATION INSURANCE
Regular DecisionReconsideration

LARISSA CHERNOMORSKAYA vs. HARRY W. SAPERSTEIN, M.D., INC., EMPLOYERS COMPENSATION INSURANCE

Filed: May 02, 2016
Marina Del Rey
ADJ990055 (MON 0336345) ADJ475401 (MON 0336346)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to address defendant's contentions regarding the applicant's claimed sleep disorder and apportionment of permanent disability. The Board rescinded the previous Joint Findings and Award due to insufficient medical evidence, particularly regarding apportionment of orthopedic injuries and causation for the sleep disorder. The case is returned to the trial level for further development of the medical record on these issues. The Board emphasized the legal requirement for clear apportionment determinations by physicians and the duty of the Board to ensure substantial justice.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to address defendant's contentions regarding the applicant's claimed sleep disorder and apportionment of permanent disability. The Board rescinded the previous Joint Findings and Award due to insufficient medical evidence, particularly regarding apportionment of orthopedic injuries and causation for the sleep disorder. The case is returned to the trial level for further development of the medical record on these issues. The Board emphasized the legal requirement for clear apportionment determinations by physicians and the duty of the Board to ensure substantial justice.

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