Benavides

Benavides v. Workers' Compensation Appeals Board & Specialty Risk Services

Good Law
174 Cal. Rptr. 3d 589·2014 Cal. App. LEXIS 634·227 Cal. App. 4th 1496·2014 WL 3555311·79 Cal. Comp. Cases 483
Court of Appeal of CaliforniaJuly 18, 2014B251487ACalifornia1,664 words

Opinion

Opinion

Kitching, J.

INTRODUCTION

Leopoldo Benavides and his employer’s workers’ compensation insurance carrier agreed in a stipulated award that Benavides was injured in the course and scope of his employment leaving him 51 percent permanently disabled.

Following a timely petition to reopen, the workers’ compensation judge (WCJ) found Benavides to be 72 percent permanently disabled, based on a report prepared by the agreed medical evaluator (AME) subsequent to entry of the stipulated award. The Workers’ Compensation Appeals Board (appeals board), on a two-to-one vote, rescinded the disability rating. The majority concluded there was not good cause to reopen the case because the AME’s new report relied on an abnormal electromyography (EMG) test that was performed before the stipulated judgment was entered, but which the AME had failed to review.

We granted Benavides’s petition for a writ of review. We conclude there was good cause to reopen the case and therefore annul the decision of the appeals board and remand with directions to reinstate the WCJ’s award of a 72 percent disability rating.

FACTS AND PROCEDURAL BACKGROUND

Benavides worked as a roofer. On February 7, 2005, while working…

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