CompFox AI Summary
The Workers' Compensation Appeals Board affirmed the original finding of 100% permanent total disability for the applicant, Ryan Gaskins, due to a work-related brain injury. Despite the defendant's contention that medical evidence did not explicitly state "permanent mental incapacity," the Board adopted the WCJ's reasoning that the physicians' reports detailing severe cognitive impairment and need for continuous 24/7 care constituted substantial evidence. The Board amended the award to correctly identify the insurer as National Liability and Fire Insurance Company and removed the administrator Gallagher Bassett. The defendant's arguments regarding the AMA Guides impairment rating were rejected as inconsistent with the medical findings of total disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed the original finding of 100% permanent total disability for the applicant, Ryan Gaskins, due to a work-related brain injury. Despite the defendant's contention that medical evidence did not explicitly state "permanent mental incapacity," the Board adopted the WCJ's reasoning that the physicians' reports detailing severe cognitive impairment and need for continuous 24/7 care constituted substantial evidence. The Board amended the award to correctly identify the insurer as National Liability and Fire Insurance Company and removed the administrator Gallagher Bassett. The defendant's arguments regarding the AMA Guides impairment rating were rejected as inconsistent with the medical findings of total disability.
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