Home/Case Law/SUSAN TOSTE vs. KERMAN UNIFIED SCHOOL DISTRICT, TRISTAR RISK MANAGEMENT
Regular DecisionReconsideration

SUSAN TOSTE vs. KERMAN UNIFIED SCHOOL DISTRICT, TRISTAR RISK MANAGEMENT

Filed: May 11, 2010
San Francisco
ADJ6598413

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award. The Board found the Agreed Medical Evaluator's (AME) impairment rating was based on an outdated legal standard rejected in Almaraz/Guzman II. Since the AME's report predated the controlling precedent and the evaluator wasn't given a chance to supplement their opinion under the correct legal framework, the case is returned to the trial level for further medical record development.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award. The Board found the Agreed Medical Evaluator's (AME) impairment rating was based on an outdated legal standard rejected in Almaraz/Guzman II. Since the AME's report predated the controlling precedent and the evaluator wasn't given a chance to supplement their opinion under the correct legal framework, the case is returned to the trial level for further medical record development.

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