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The Appeals Board reconsidered a Joint Findings and Award that found Applicant had a 62% disability due to two industrial injuries, rebutting the Permanent Disability Rating Schedule (PDRS). The Board found the vocational expert's attempt to rebut the PDRS by combining work restrictions from separate injuries was improper. Additionally, the Agreed Medical Examiner's apportionment opinion lacked sufficient reasoning to be considered substantial evidence. Consequently, the Board amended the award, rating each injury individually based on the AME's whole person impairment ratings and applying the PDRS accordingly.
MARILYN LEVEQUE vs. CABRILLO CARE CENTER, CARE WEST PEGASUS is a workers' compensation case decided in San Luis Obispo. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Luis Obispo.
Full Decision Text1 Pages
The Appeals Board reconsidered a Joint Findings and Award that found Applicant had a 62% disability due to two industrial injuries, rebutting the Permanent Disability Rating Schedule (PDRS). The Board found the vocational expert's attempt to rebut the PDRS by combining work restrictions from separate injuries was improper. Additionally, the Agreed Medical Examiner's apportionment opinion lacked sufficient reasoning to be considered substantial evidence. Consequently, the Board amended the award, rating each injury individually based on the AME's whole person impairment ratings and applying the PDRS accordingly.
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