Home/Case Law/LOURDES MALDONADO vs. JEWISH FAMILY AND CHILDREN'S SERVICES, SPARTA INSURANCE
Regular DecisionReconsideration

LOURDES MALDONADO vs. JEWISH FAMILY AND CHILDREN'S SERVICES, SPARTA INSURANCE

Filed: Nov 04, 2011
San Francisco
ADJ7844540

CompFox AI Summary

This case concerns an applicant who sustained an industrial injury to her right knee and foot. The defendant sought reconsideration of a previous award of temporary disability and medical care. The defendant argued the applicant failed to utilize the QME process, that the medical opinion evidence was unsubstantial regarding the necessity of surgery, and that the treating physician's report was flawed due to an incorrect medical history. The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, returning the matter to the trial level for further development of the record. This decision was based on the WCJ's recommendation to allow for further development of evidence, particularly regarding previously undisclosed medical records concerning prior ankle injuries.

Full Decision Text1 Pages

This case concerns an applicant who sustained an industrial injury to her right knee and foot. The defendant sought reconsideration of a previous award of temporary disability and medical care. The defendant argued the applicant failed to utilize the QME process, that the medical opinion evidence was unsubstantial regarding the necessity of surgery, and that the treating physician's report was flawed due to an incorrect medical history. The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, returning the matter to the trial level for further development of the record. This decision was based on the WCJ's recommendation to allow for further development of evidence, particularly regarding previously undisclosed medical records concerning prior ankle injuries.

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