Aguilera v. Collins Chiropractic Group

In a recent decision, the Workers’ Comp Appeals Board affirmed its prior decision in Aguilera v. Collins Chiropractic Group which said that a plaintiff’s industrial injury caused only 88% permanent disability rather than the 100% determined by the Workers’ Comp Judge. The panel relied on the opinions of three medical evaluators and made proper apportionment determinations as required by Labor Code §§ 4663 and 4664. The WCAB rejected vocational expert evidence and rheumatologist Rodney Bluestone, M.D.’s opinion as lacking substantial evidence, especially in view of his failure to account for duplication of factors of impairment. Moreover the court rejected the applicant’s vocational expert evidence as inconsistent. 

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