Home/Case Law/LISA MCELLEY vs. D.R. HORTON, XL WORKERS' COMPENSATION, GALLAGHER BASSETT
Regular DecisionOpinion and Order Granting Petition for Reconsideration and Decision After Reconsideration

LISA MCELLEY vs. D.R. HORTON, XL WORKERS' COMPENSATION, GALLAGHER BASSETT

Filed: Jan 23, 2023
Oakland
ADJ1201899

CompFox AI Summary

This case concerns Lisa McElley's workers' compensation claim for injuries sustained while employed as a human resources manager for D.R. Horton. The Workers' Compensation Appeals Board granted reconsideration and affirmed the WCJ's decision, with modifications. Specifically, the Board amended the findings to include the employer's name and to defer the issue of the permanent partial disability indemnity rate. The case established Ms. McElley's permanent and total disability based on extensive medical evidence and a persuasive vocational expert report, which effectively rebutted the scheduled permanent disability rating. The WCJ's findings were largely adopted, finding that Ms. McElley is unable to compete in the open labor market due to her numerous injuries.

Full Decision Text1 Pages

This case concerns Lisa McElley's workers' compensation claim for injuries sustained while employed as a human resources manager for D.R. Horton. The Workers' Compensation Appeals Board granted reconsideration and affirmed the WCJ's decision, with modifications. Specifically, the Board amended the findings to include the employer's name and to defer the issue of the permanent partial disability indemnity rate. The case established Ms. McElley's permanent and total disability based on extensive medical evidence and a persuasive vocational expert report, which effectively rebutted the scheduled permanent disability rating. The WCJ's findings were largely adopted, finding that Ms. McElley is unable to compete in the open labor market due to her numerous injuries.

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