Home/Case Law/Richard D. Smith vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION; Legally Uninsured, c/o STATE COMPENSATION INSURANCE FUND
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Richard D. Smith vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION; Legally Uninsured, c/o STATE COMPENSATION INSURANCE FUND

Filed: Dec 21, 2007
SAC 339641, SAC 352335

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision due to questions about the Agreed Medical Examiner's (AME) apportionment of permanent disability. The applicant argued the AME's opinion was based on an incorrect legal theory and lacked substantial evidence, as it mischaracterized prior treatment and failed to adequately account for the cumulative trauma injury. The Board remanded the case for further development of the record, specifically requesting a follow-up opinion from the AME regarding the 25% apportionment.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision due to questions about the Agreed Medical Examiner's (AME) apportionment of permanent disability. The applicant argued the AME's opinion was based on an incorrect legal theory and lacked substantial evidence, as it mischaracterized prior treatment and failed to adequately account for the cumulative trauma injury. The Board remanded the case for further development of the record, specifically requesting a follow-up opinion from the AME regarding the 25% apportionment.

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Richard D. Smith vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION; Legally Uninsured, c/o STATE COMPENSATION INSURANCE FUND (2007) – | CompFox