Home/Case Law/MICHAEL B. BERTHIAUME vs. CITY OF CHULA VISTA
Regular DecisionReconsideration

MICHAEL B. BERTHIAUME vs. CITY OF CHULA VISTA

Filed: Jun 15, 2009
San Francisco
ADJ2428853

CompFox AI Summary

This case involves a fire captain claiming a cumulative trauma skin cancer injury. The defendant employer contests the $39%$ permanent disability award, arguing the AMA Guides were misapplied and the rating inequitably reflects the applicant's functional ability. The employer also challenges the WCJ's refusal to apportion prior disability and the finding of an "insidious disease" for ongoing jurisdiction. The Appeals Board granted reconsideration to allow the defendant to argue the AMA Guides rating is an inaccurate measure of disability under Almaraz/Guzman. The matter is returned to the trial level for further proceedings, with the WCJ to address the apportionment and insidious disease issues in a new decision.

Full Decision Text1 Pages

This case involves a fire captain claiming a cumulative trauma skin cancer injury. The defendant employer contests the $39%$ permanent disability award, arguing the AMA Guides were misapplied and the rating inequitably reflects the applicant's functional ability. The employer also challenges the WCJ's refusal to apportion prior disability and the finding of an "insidious disease" for ongoing jurisdiction. The Appeals Board granted reconsideration to allow the defendant to argue the AMA Guides rating is an inaccurate measure of disability under Almaraz/Guzman. The matter is returned to the trial level for further proceedings, with the WCJ to address the apportionment and insidious disease issues in a new decision.

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MICHAEL B. BERTHIAUME vs. CITY OF CHULA VISTA (2009) – San Francisco | CompFox