Home/Case Law/, Maria Torres, vs. , VEGE-FRESH FARMS; and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of PACIFIC RIM ASSURANCE COMPANY, in liquidation,
Regular DecisionReconsideration

, Maria Torres, vs. , VEGE-FRESH FARMS; and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of PACIFIC RIM ASSURANCE COMPANY, in liquidation,

Filed: Jul 31, 2009
ADJ618967 (MON 0187838)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's award of 100% permanent disability. The Board found that the medical evidence supporting the award was stale due to the significant time elapsed since the last evaluations by key medical experts. Consequently, the case is returned to the trial level for further medical development of the record and subsequent proceedings. The Board also noted that one doctor's apportionment opinion may be considered substantial evidence after reevaluation.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's award of 100% permanent disability. The Board found that the medical evidence supporting the award was stale due to the significant time elapsed since the last evaluations by key medical experts. Consequently, the case is returned to the trial level for further medical development of the record and subsequent proceedings. The Board also noted that one doctor's apportionment opinion may be considered substantial evidence after reevaluation.

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, Maria Torres, vs. , VEGE-FRESH FARMS; and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of PACIFIC RIM ASSURANCE COMPANY, in liquidation, (2009) – | CompFox