Home/Case Law/Stella Avila vs. Sutter Santa Cruz, State Compensation Insurance Fund
Regular DecisionReconsideration

Stella Avila vs. Sutter Santa Cruz, State Compensation Insurance Fund

Filed: Dec 14, 2020
Salinas
ADJ767882 (SAL 0102012)

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The Workers' Compensation Appeals Board denied reconsideration of an award for admitted industrial injury to the applicant's spine, psyche, and upper extremities. The applicant sought total permanent disability based on a vocational expert, while the defendant argued the psychiatric injury was not compensable due to less than six months' employment and that permanent disability indemnity should not be awarded during VRMA payments. The Board affirmed the finding that prior and current employment with the employer exceeded six months, making the psychiatric injury compensable, and deemed the VRMA issue moot due to an amended award. The Board also found the vocational experts' opinions less persuasive than those of the Agreed Medical Examiners regarding the extent of permanent disability.

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Here's a summary for a lawyer:

The Workers' Compensation Appeals Board denied reconsideration of an award for admitted industrial injury to the applicant's spine, psyche, and upper extremities. The applicant sought total permanent disability based on a vocational expert, while the defendant argued the psychiatric injury was not compensable due to less than six months' employment and that permanent disability indemnity should not be awarded during VRMA payments. The Board affirmed the finding that prior and current employment with the employer exceeded six months, making the psychiatric injury compensable, and deemed the VRMA issue moot due to an amended award. The Board also found the vocational experts' opinions less persuasive than those of the Agreed Medical Examiners regarding the extent of permanent disability.

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