Home/Case Law/LINDA MCDONALD vs. COMMUNITY MEMORIAL HOSPITAL, MAJESTIC SAN DIEGO, TRAVELERS DIAMOND BAR
Regular DecisionReconsideration

LINDA MCDONALD vs. COMMUNITY MEMORIAL HOSPITAL, MAJESTIC SAN DIEGO, TRAVELERS DIAMOND BAR

Filed: May 28, 2009
ADJ1920721

CompFox AI Summary

This case involves a petition for reconsideration of a Workers' Compensation Appeals Board decision awarding permanent total disability to the applicant. The defendant argued that the disability should be apportioned and the indemnity rate incorrectly calculated. The Board denied reconsideration, upholding the administrative law judge's findings based on the weight of medical evidence, particularly from an Agreed Medical Examiner, who concluded the applicant's fibromyalgia, arising from industrial orthopedic injuries, caused 100% permanent disability. The Board also affirmed the indemnity rate calculation, finding the evidence, including EDD records, properly supported the determination despite the defendant's objections.

Full Decision Text1 Pages

This case involves a petition for reconsideration of a Workers' Compensation Appeals Board decision awarding permanent total disability to the applicant. The defendant argued that the disability should be apportioned and the indemnity rate incorrectly calculated. The Board denied reconsideration, upholding the administrative law judge's findings based on the weight of medical evidence, particularly from an Agreed Medical Examiner, who concluded the applicant's fibromyalgia, arising from industrial orthopedic injuries, caused 100% permanent disability. The Board also affirmed the indemnity rate calculation, finding the evidence, including EDD records, properly supported the determination despite the defendant's objections.

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.