Home/Case Law/Martina Gonzalez, Ocegueda vs. ST. JOHN KNITS, ARGONAUT INSURANCE COMPANY
Regular DecisionReconsideration

Martina Gonzalez, Ocegueda vs. ST. JOHN KNITS, ARGONAUT INSURANCE COMPANY

Filed: Sep 21, 2007
ANA 0329574

CompFox AI Summary

The Appeals Board granted reconsideration and overturned the WCJ's decision, finding the WCJ erred in calculating average weekly earnings and relying on an incomplete medical report for apportionment. The case is returned to the trial level to recalculate average weekly earnings and revisit permanent disability and apportionment issues, considering recent legislative changes regarding pre-existing conditions. The Appeals Board noted that the prior medical report failed to address the applicant's spondylolisthesis and that apportionment rules have changed, eliminating the "old rules" regarding pathology.

Full Decision Text1 Pages

The Appeals Board granted reconsideration and overturned the WCJ's decision, finding the WCJ erred in calculating average weekly earnings and relying on an incomplete medical report for apportionment. The case is returned to the trial level to recalculate average weekly earnings and revisit permanent disability and apportionment issues, considering recent legislative changes regarding pre-existing conditions. The Appeals Board noted that the prior medical report failed to address the applicant's spondylolisthesis and that apportionment rules have changed, eliminating the "old rules" regarding pathology.

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