CompFox AI Summary
The applicant, Martin Gamboa, is seeking reconsideration of a previous Workers' Compensation Appeals Board decision that awarded him 9% permanent disability for a left knee injury, based on an Agreed Medical Examiner's report. Gamboa argues the report is insufficient under the AMA Guides and requires further development of the record. The Board denied reconsideration, finding that Gamboa is bound by his prior stipulation at trial that the AME report rated to 9% permanent disability under the applicable schedule. The court emphasized that issues not raised at trial cannot be introduced for the first time on reconsideration.
Full Decision Text1 Pages
The applicant, Martin Gamboa, is seeking reconsideration of a previous Workers' Compensation Appeals Board decision that awarded him 9% permanent disability for a left knee injury, based on an Agreed Medical Examiner's report. Gamboa argues the report is insufficient under the AMA Guides and requires further development of the record. The Board denied reconsideration, finding that Gamboa is bound by his prior stipulation at trial that the AME report rated to 9% permanent disability under the applicable schedule. The court emphasized that issues not raised at trial cannot be introduced for the first time on reconsideration.
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