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.
WESLEY HARVICK vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, SCIF STATE CONTRACT SERVICES is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
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.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.