Home/Case Law/LINDA BURT-FOSS vs. CHILDREN'S FAIRYLAND, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

LINDA BURT-FOSS vs. CHILDREN'S FAIRYLAND, STATE COMPENSATION INSURANCE FUND

Filed: Apr 29, 2011
San Francisco
ADJ2308109 (OAK 0275439) ADJ01058712 (OAK 0275438)

CompFox AI Summary

This case involves a workers' compensation claim for a zoo keeper injured in 1999. The applicant sustained a left foot and ankle injury that led to a Charcot foot condition, resulting in total permanent disability. The defendant argued for apportionment of disability, citing a medical opinion suggesting pre-existing conditions contributed to the Charcot foot. However, the Board affirmed the applicant's total permanent disability, finding the industrial injury was a contributing cause and therefore not subject to apportionment. The Board also found that the defendant waived issues regarding the overlap of disabilities from prior knee injuries by failing to raise them in their petition for reconsideration.

Full Decision Text1 Pages

This case involves a workers' compensation claim for a zoo keeper injured in 1999. The applicant sustained a left foot and ankle injury that led to a Charcot foot condition, resulting in total permanent disability. The defendant argued for apportionment of disability, citing a medical opinion suggesting pre-existing conditions contributed to the Charcot foot. However, the Board affirmed the applicant's total permanent disability, finding the industrial injury was a contributing cause and therefore not subject to apportionment. The Board also found that the defendant waived issues regarding the overlap of disabilities from prior knee injuries by failing to raise them in their petition for reconsideration.

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LINDA BURT-FOSS vs. CHILDREN'S FAIRYLAND, STATE COMPENSATION INSURANCE FUND (2011) – San Francisco | CompFox