Home/Case Law/SHEILA FRANK vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

SHEILA FRANK vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

Filed: Oct 25, 2019
Bakersfield
ADJ6904193

CompFox AI Summary

The Appeals Board granted reconsideration to address the applicant's contentions regarding apportionment of permanent disability and the denial of permanent and total disability. The Board found that the defendant failed to meet its burden of proof for apportionment, as the medical expert's opinion lacked substantial evidence and detail. Consequently, the applicant is entitled to an unapportioned award of permanent and total disability. The case is returned to the trial level for further proceedings to determine the award and attorney's fees.

Full Decision Text1 Pages

The Appeals Board granted reconsideration to address the applicant's contentions regarding apportionment of permanent disability and the denial of permanent and total disability. The Board found that the defendant failed to meet its burden of proof for apportionment, as the medical expert's opinion lacked substantial evidence and detail. Consequently, the applicant is entitled to an unapportioned award of permanent and total disability. The case is returned to the trial level for further proceedings to determine the award and attorney's fees.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

SHEILA FRANK vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND (2019) – Bakersfield | CompFox