Home/Case Law/SHERRY MITCHELL vs. SILGAN CONTAINER CORPORATION, ZURICH AMERICAN INSURANCE COMPANY
Regular DecisionReconsideration

SHERRY MITCHELL vs. SILGAN CONTAINER CORPORATION, ZURICH AMERICAN INSURANCE COMPANY

Filed: Sep 18, 2017
Sacramento
ADJ9112665

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's contention that the QME's apportionment opinion regarding knee disability lacked substantial evidence. The Board found that Dr. Pattison's opinion did not sufficiently explain how obesity contributed to the applicant's knee disability. Consequently, the Board affirmed the original award but deferred issues of permanent disability and attorney's fees, remanding the case for further proceedings with the QME to provide a more reasoned apportionment opinion.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's contention that the QME's apportionment opinion regarding knee disability lacked substantial evidence. The Board found that Dr. Pattison's opinion did not sufficiently explain how obesity contributed to the applicant's knee disability. Consequently, the Board affirmed the original award but deferred issues of permanent disability and attorney's fees, remanding the case for further proceedings with the QME to provide a more reasoned apportionment opinion.

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SHERRY MITCHELL vs. SILGAN CONTAINER CORPORATION, ZURICH AMERICAN INSURANCE COMPANY (2017) – Sacramento | CompFox