Home/Case Law/LUIS CERVANTES vs. IRVINE MARRIOTT, MARRIOTT CLAIMS SERVICES
Regular DecisionReconsideration

LUIS CERVANTES vs. IRVINE MARRIOTT, MARRIOTT CLAIMS SERVICES

Filed: Nov 14, 2008
ADJ448774

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a decision that awarded 16% permanent disability based on the 2005 rating schedule and applied a 20% apportionment to the applicant's shoulder injury. The applicant argued for the applicability of the 1997 rating schedule and challenged the substantiality of the defense Qualified Medical Evaluator's opinions on permanent disability and apportionment. The Board rescinded the original award and returned the case for further proceedings and a new decision by the WCJ, who will determine the applicable rating schedule and issue a simplified award.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a decision that awarded 16% permanent disability based on the 2005 rating schedule and applied a 20% apportionment to the applicant's shoulder injury. The applicant argued for the applicability of the 1997 rating schedule and challenged the substantiality of the defense Qualified Medical Evaluator's opinions on permanent disability and apportionment. The Board rescinded the original award and returned the case for further proceedings and a new decision by the WCJ, who will determine the applicable rating schedule and issue a simplified award.

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