CompFox AI Summary
The WCAB affirmed an award of 89% permanent disability for a correctional officer injured in an admitted industrial incident affecting his head, psyche, shoulders, neck, and spine. The defendant sought reconsideration, arguing a newly discovered QME report in psychology should be admitted, but the Board found it inadmissible due to the defendant's failure to demonstrate reasonable diligence. The Board also found substantial medical evidence supported the disability rating, and the applicant's return to work did not indicate improved capacity but rather economic necessity.
Full Decision Text1 Pages
The WCAB affirmed an award of 89% permanent disability for a correctional officer injured in an admitted industrial incident affecting his head, psyche, shoulders, neck, and spine. The defendant sought reconsideration, arguing a newly discovered QME report in psychology should be admitted, but the Board found it inadmissible due to the defendant's failure to demonstrate reasonable diligence. The Board also found substantial medical evidence supported the disability rating, and the applicant's return to work did not indicate improved capacity but rather economic necessity.
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