Legal Question in Workers Comp in California

My employer was granted a reconsideration of the findings and award granted by the administrative law judge. How often is the judge's finding s overturned? This is all based on that the treating physician included loss of grip strength in my rating and the QME did not. This is an injury to my thumb, how could loss of grip not be a valid method of determining disability rating?


Asked on 2/25/17, 5:29 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

It's insane because your State Assemblywoman and State Senator put in SB 863 and the AMA Guidelines, where grip loss is NOT a measure of rateable disability (except in very rare cases). Gov. Moonbeam and the State Senate and State Assembly only help Workers Comp Insurers, abandoning the injured workers. If the WCAB Judge awarded disability based upon a report that found Whole Person Impairment due to (in part) Grip Loss, and it wasn't a neck injury with nerve loss, then he awarded it in error to the Oakland WCAB set aside his findings and told him to issue a new Findings & Award consistent with the new horrific law. WHY EVERY INJURED WORKER DOESN'T ACTIVELY CAMPAIGN AGAINST EVERY STATE SENATOR AND ASSEMBLYMAN AND VOTE EVERYONE OF THEM OUT is a mystery, they just keep voting away treatment and disability for injured workers and the injured workers and their friends and family just keep voting them back into office.

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Answered on 3/07/17, 1:40 pm


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