CompFox AI Summary
The Workers' Compensation Appeals Board denied Tina Solano's petition for reconsideration, reaffirming its prior decision to grant reconsideration to Wal-Mart Associates, Inc. The Board previously rescinded an award of permanent disability and attorney's fees, ordering a new rating based on Dr. Scheinberg's opinion over Dr. Mays' findings. Applicant argued Dr. Scheinberg's opinion lacked substantial medical evidence, but the Board found it to be the most persuasive, based on objective verification of observed conditions rather than unverified subjective complaints. The Board remains persuaded its prior determination accurately reflects the applicant's permanent disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Tina Solano's petition for reconsideration, reaffirming its prior decision to grant reconsideration to Wal-Mart Associates, Inc. The Board previously rescinded an award of permanent disability and attorney's fees, ordering a new rating based on Dr. Scheinberg's opinion over Dr. Mays' findings. Applicant argued Dr. Scheinberg's opinion lacked substantial medical evidence, but the Board found it to be the most persuasive, based on objective verification of observed conditions rather than unverified subjective complaints. The Board remains persuaded its prior determination accurately reflects the applicant's permanent disability.
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