CompFox AI Summary
The applicant, a former correctional officer, sought to reopen his workers' compensation claim for new and further disability, specifically to his psyche. The Workers' Compensation Appeals Board (WCAB) affirmed a prior ruling finding a $95%$ permanent disability, combining a $91%$ psychiatric rating with an internal disability rating. The applicant appealed, arguing for $100%$ permanent disability based on an Agreed Medical Evaluator's opinion that the applicant was totally psychiatrically disabled due to the unavailability of adequate medical treatment in his area. The majority affirmed the WCAB's decision, adopting the reasoning of the trial judge, while a dissenting commissioner argued for $100%$ permanent disability, emphasizing the applicant's inability to obtain treatment and the employer's failure to prove unreasonable refusal.
Full Decision Text1 Pages
The applicant, a former correctional officer, sought to reopen his workers' compensation claim for new and further disability, specifically to his psyche. The Workers' Compensation Appeals Board (WCAB) affirmed a prior ruling finding a $95%$ permanent disability, combining a $91%$ psychiatric rating with an internal disability rating. The applicant appealed, arguing for $100%$ permanent disability based on an Agreed Medical Evaluator's opinion that the applicant was totally psychiatrically disabled due to the unavailability of adequate medical treatment in his area. The majority affirmed the WCAB's decision, adopting the reasoning of the trial judge, while a dissenting commissioner argued for $100%$ permanent disability, emphasizing the applicant's inability to obtain treatment and the employer's failure to prove unreasonable refusal.
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