Home/Case Law/LYDIA TORRES vs. ALBERTSON'S, INC.
Regular DecisionReconsideration

LYDIA TORRES vs. ALBERTSON'S, INC.

Filed: Jul 09, 2012
Fresno
ADJ422527 (FRE 0221654) ADJ7975971

CompFox AI Summary

This case involved an applicant alleging industrial injury to multiple body parts, including shoulders, spine, and psyche. The Administrative Law Judge (WCJ) awarded permanent disability based on apportionment of injuries as opined by an Agreed Medical Evaluator (AME). The applicant sought reconsideration, arguing the AME's apportionment opinion lacked substantial medical evidence due to insufficient reasoning. The Appeals Board denied reconsideration, finding the AME's report, when viewed in its entirety, provided a sufficient basis for apportionment based on medical expertise. One Commissioner dissented, believing the AME's report was conclusory and lacked the necessary reasoning to constitute substantial evidence for apportionment.

Full Decision Text1 Pages

This case involved an applicant alleging industrial injury to multiple body parts, including shoulders, spine, and psyche. The Administrative Law Judge (WCJ) awarded permanent disability based on apportionment of injuries as opined by an Agreed Medical Evaluator (AME). The applicant sought reconsideration, arguing the AME's apportionment opinion lacked substantial medical evidence due to insufficient reasoning. The Appeals Board denied reconsideration, finding the AME's report, when viewed in its entirety, provided a sufficient basis for apportionment based on medical expertise. One Commissioner dissented, believing the AME's report was conclusory and lacked the necessary reasoning to constitute substantial evidence for apportionment.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

LYDIA TORRES vs. ALBERTSON'S, INC. (2012) – Fresno | CompFox