Home/Case Law/S. GARCIA vs. GENERAL ATOMICS, KEMPER INSURANCE COMPANY
Regular DecisionReconsideration

S. GARCIA vs. GENERAL ATOMICS, KEMPER INSURANCE COMPANY

Filed: Dec 15, 2008
San Francisco
ADJ2128770 (SDO 0263893) ADJ2974299 (SDO 0343028)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of permanent total disability for the applicant's back and psyche injuries. The WCAB agreed with the administrative law judge's decision to rely on the applicant's treating physician's opinion, which was not altered by a brief surveillance video deemed "benign." The WCAB also affirmed that the applicant's inability to compete in the labor market was solely due to industrial injury, not other medical conditions or vocational factors.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of permanent total disability for the applicant's back and psyche injuries. The WCAB agreed with the administrative law judge's decision to rely on the applicant's treating physician's opinion, which was not altered by a brief surveillance video deemed "benign." The WCAB also affirmed that the applicant's inability to compete in the labor market was solely due to industrial injury, not other medical conditions or vocational factors.

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