Keulen

Keulen v. Workers' Comp. Appeals Bd.

Good Law
1998 Cal. App. LEXIS 803·66 Cal. App. 4th 1089·78 Cal. Rptr. 2d 500·98 Daily Journal DAR 10211·98 Cal. Daily Op. Serv. 7367
Court of Appeal of CaliforniaSeptember 23, 1998No. B118582California3,633 words

Opinion

Lead Opinion

Gilbert, J.

In workers’ compensation proceedings, Labor Code section 4061 gives the parties an option when they do not agree to the employee’s permanent disability rating based on the treating physician’s evaluation. 1 Under certain circumstances, either party may select a qualified medical evaluator to conduct a comprehensive medical evaluation. (§ 4061.) 2 Section 4062 provides a similar option when the parties do not agree on other *1092 medical issues such as the treating physician’s determination concerning the permanent and stationary status of the employee’s medical condition. (§ 4062)

Section 4062.9 states that even with such comprehensive medical evaluation, the findings of the treating physician are presumed to be correct. The presumption is, however, rebuttable. Here we conclude the presumption was annihilated.

Al Keulen, Jr. (Keulen) petitions this court for a writ of review of the order of the Workers’ Compensation Appeals Board (WCAB or the Board) denying reconsideration of its decision that Keulen only suffered a 2.25 percent permanent disability from industrial injury to his left thumb. The Board also decided that he did not suffer ulnar neuropathy to the left…

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