Home/Case Law/SAMUEL DEBONE vs. CEMEX, INC., AMERICAN HOME ASSURANCE COMPANY, INC., GALLAGHER BASSETT SERVICES
Regular DecisionReconsideration

SAMUEL DEBONE vs. CEMEX, INC., AMERICAN HOME ASSURANCE COMPANY, INC., GALLAGHER BASSETT SERVICES

Filed: Jan 20, 2016
Oxnard
ADJ7369877, ADJ7369872

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to correct errors in a previous permanent disability rating. The WCJ incorrectly applied the Agreed Medical Examiner's (AME) WPI ratings, conflating cervical and lumbar spine impairments and miscalculating lower extremity to WPI conversions for the hips. The case is returned to the trial level for a new rating based on correct WPI values and to clarify the basis for any departure from AMA Guides ratings. The apportionment of disability was found to be correct.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to correct errors in a previous permanent disability rating. The WCJ incorrectly applied the Agreed Medical Examiner's (AME) WPI ratings, conflating cervical and lumbar spine impairments and miscalculating lower extremity to WPI conversions for the hips. The case is returned to the trial level for a new rating based on correct WPI values and to clarify the basis for any departure from AMA Guides ratings. The apportionment of disability was found to be correct.

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SAMUEL DEBONE vs. CEMEX, INC., AMERICAN HOME ASSURANCE COMPANY, INC., GALLAGHER BASSETT SERVICES (2016) – Oxnard | CompFox