Home/Case Law/LONNIE RUSSELL vs. MENTAL HEALTH ASSOCIATION, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

LONNIE RUSSELL vs. MENTAL HEALTH ASSOCIATION, STATE COMPENSATION INSURANCE FUND

Filed: Jun 18, 2013
ADJ951316 (SAC 361075)

CompFox AI Summary

The Applicant sought reconsideration of a WCJ's award finding industrial injury only to her spine, denying claims for her right knee and psyche. The WCJ found a 24% permanent disability for the spine, attributing 40% to non-industrial causes. The Applicant argued the WCJ erred in denying injury to the knee and psyche and in the permanent disability rating due to chronic pain. The Appeals Board denied reconsideration, deferring to the WCJ's credibility determinations. A dissenting opinion advocated for granting reconsideration to include the right knee injury, noting insufficient rebuttal of the applicant's evidence.

Full Decision Text1 Pages

The Applicant sought reconsideration of a WCJ's award finding industrial injury only to her spine, denying claims for her right knee and psyche. The WCJ found a 24% permanent disability for the spine, attributing 40% to non-industrial causes. The Applicant argued the WCJ erred in denying injury to the knee and psyche and in the permanent disability rating due to chronic pain. The Appeals Board denied reconsideration, deferring to the WCJ's credibility determinations. A dissenting opinion advocated for granting reconsideration to include the right knee injury, noting insufficient rebuttal of the applicant's evidence.

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