Home/Case Law/LUIS ROMAN vs. SEARS ROEBUCK AND COMPANY, LIBERTY MUTUAL INSURANCE COMPANY
Regular DecisionReconsideration

LUIS ROMAN vs. SEARS ROEBUCK AND COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

Filed: Nov 29, 2010
ADJ2378103 (SJO 0235314)

CompFox AI Summary

The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings. Defendant argued the judge erred by issuing a single award for permanent disability and failing to consider apportionment. The Board found the medical evidence regarding apportionment was inadequate and the judge incorrectly disregarded it, even though two QMEs had offered apportionment opinions. Therefore, the case was remanded to the trial level for proper assessment of permanent disability considering apportionment of distinct industrial injuries.

Full Decision Text1 Pages

The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings. Defendant argued the judge erred by issuing a single award for permanent disability and failing to consider apportionment. The Board found the medical evidence regarding apportionment was inadequate and the judge incorrectly disregarded it, even though two QMEs had offered apportionment opinions. Therefore, the case was remanded to the trial level for proper assessment of permanent disability considering apportionment of distinct industrial injuries.

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