CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied Shaundonna Kelso's Petition for Reconsideration against County of Fresno and Acclamation Sacramento. The Board adopted the Workers' Compensation Judge's (WCJ) decision, finding that the Agreed Medical Evaluator (AME) Dr. Peter Mandell's opinions on the permanent and stationary (P&S) date and apportionment were inconsistent, ambiguous, and speculative, therefore not constituting substantial medical evidence. The WCAB concluded that the applicant's P&S date was July 17, 2020, and the defendant failed to meet its burden of proof for apportionment, affirming an un-apportioned award of 54% permanent disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied Shaundonna Kelso's Petition for Reconsideration against County of Fresno and Acclamation Sacramento. The Board adopted the Workers' Compensation Judge's (WCJ) decision, finding that the Agreed Medical Evaluator (AME) Dr. Peter Mandell's opinions on the permanent and stationary (P&S) date and apportionment were inconsistent, ambiguous, and speculative, therefore not constituting substantial medical evidence. The WCAB concluded that the applicant's P&S date was July 17, 2020, and the defendant failed to meet its burden of proof for apportionment, affirming an un-apportioned award of 54% permanent disability.
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