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| Case Name | Blackledge v. Bank of America | |
|---|---|---|
| Date | 06/03/2010 | |
| Note | [En Banc] Physician's role is to assess the injured employee's whole person impairment percentage(s); WCJ's role is to frame instructions; rater's role is to issue a recommended permanent disability rating; WCJ is not bound by a rater's disability rating; must be no ex parte communication between the WCJ and the rater. | |
| Citation | ADJ1735018 | |
| WCC Citation | WCC 36352010 CA |
WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. ADJ1735018 (LBO 0375311) OPINION AND DECISION AFTER RECONSIDERATION CYNTHIA BLACKLEDGE, Applicant, vs. BANK OF AMERICA; and ACE AMERICAN INSURANCE COMPANY, Defendant(s). BACKGROUND Applicant, Cynthia Blackledge (Blackledge), sustained an admitted industrial injury to her low back and her right wrist, hip, and knee on October 26, 2005 when she slipped while descending a flight of stairs. Dr. Pechman evaluated Blackledge and issued a report on May 14, 2007. Blackledge made a timely request to cross-examine the rater regarding the 0% recommended rating. The expert opinion of a single physician may establish an injured employee's WPI, provided that the opinion constitutes substantial evidence.
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