Workers Compensation: JONES V. BRASCH-BARRY GENERAL CONTRACTORS (COA; 3/10/2006)

JONES V. BRASCH-BARRY GENERAL CONTRACTORS
WORKERS COMPENSATION – Substantial Evidence
2004-CA-000730
PUBLISHED 
AFFIRMING (MINTON)
DATE:  3/10/2006

The Board reversed the ALJ in an unusual instance of finding that a doctor’s opinion did not constitute substantial evidence on which to base the ALJ decision. In this case the doctor stated that he did not follow the AMA Guide precisely and instead placed the claimant in a higher category of impairment. The Board held that this could not constitute substantial evidence and reversed the ALJ’s opinion. Ordinarily, a doctor’s testimony about his opinion of the AMA Guide category would prevent the appellate courts from questioning the ALJ’s decision.

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