California Court of Appeal

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City of Jackson v. WCAB, 078706

In a workers' compensation case, the Workers' Compensation Appeals Board's decision disregarding the apportionment determination of the qualified medical evaluator (QME) on the ground the determination was not substantial medical evidence and directing the workers' compensation administrative law judge (ALJ) to make an award of unapportioned disability, is annulled where: 1) apportionment may be properly based on genetics/hereditability; 2) the QME properly apportioned disability; and 3) the QME's opinion Is based on substantial medical evidence.

Appellate Information

  • Decided
  • Published 2017/04/26

Judges

  • BLEASE

Court

  • California Court of Appeal

Counsel