Home/Case Law/SAUL CRUZ vs. GOYENETCHE DAIRY, SCIF INSURED FRESNO
Regular DecisionReconsideration

SAUL CRUZ vs. GOYENETCHE DAIRY, SCIF INSURED FRESNO

Filed: Sep 14, 2009
ADJ3350295 (BAK 0143438)

CompFox AI Summary

The Appeals Board granted reconsideration and rescinded the original award due to insufficient medical evidence supporting the applicant's psychiatric permanent disability rating. The Board found the examining physician's assessment internally inconsistent and disproportionate to the orthopedic injury. The case is remanded for further proceedings, including a new evaluation of the psychiatric condition by an agreed-upon physician or one appointed by the WCJ. The Board also found no basis for applicant's request for penalties and sanctions against the defendant.

Full Decision Text1 Pages

The Appeals Board granted reconsideration and rescinded the original award due to insufficient medical evidence supporting the applicant's psychiatric permanent disability rating. The Board found the examining physician's assessment internally inconsistent and disproportionate to the orthopedic injury. The case is remanded for further proceedings, including a new evaluation of the psychiatric condition by an agreed-upon physician or one appointed by the WCJ. The Board also found no basis for applicant's request for penalties and sanctions against the defendant.

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