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Judge's 39% Rating Supported By Substantial Evidence

Wednesday, April 29, 2009 | 0

An employer failed to show that an administrative law judge's decision to grant a 39% permanent impairment rating for a hand injury and a psychological condition was supported by insufficient medical evidence, an appellate court concluded. Case: Tokico Inc. v. Kelly, No. 2008-SC-000480-WC, 4/23/09, published.Facts:Krystal Kelly worked for the defendant employer, Tokico Inc., as a machine operator. In February 2004, she was trying to remove a pin from a brake caliper assembly when her hand slipped, and hit the side of a nearby machine.Sharp pain shot up her arm, and she became nauseated. Ke...

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