Home/Case Law/PAUL PENNINGTON vs. WALMART STORE, INC.
Regular DecisionRegular Panel Decision

PAUL PENNINGTON vs. WALMART STORE, INC.

Filed: Apr 01, 2020
Bakersfield
ADJ11602449

CompFox AI Summary

This case involves an applicant who sustained left knee and right great toe injuries while employed by Walmart. The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's (WCJ) decision regarding permanent disability. The Board found that the WCJ improperly made his own apportionment determination instead of relying on the QME's opinion, which was deemed substantial medical evidence. Consequently, the Board amended the award to reflect 37% permanent partial disability, increasing the applicant's indemnity and adjusting the attorney's fee accordingly.

Full Decision Text1 Pages

This case involves an applicant who sustained left knee and right great toe injuries while employed by Walmart. The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's (WCJ) decision regarding permanent disability. The Board found that the WCJ improperly made his own apportionment determination instead of relying on the QME's opinion, which was deemed substantial medical evidence. Consequently, the Board amended the award to reflect 37% permanent partial disability, increasing the applicant's indemnity and adjusting the attorney's fee accordingly.

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PAUL PENNINGTON vs. WALMART STORE, INC. (2020) – Bakersfield | CompFox