A judge's decision to deny a claimant's request for permanent total disability benefits was rightfully premised upon the findings that she failed to prove that she is incapable of working, the Court of Appeals determined.Case: Aviado v. Industrial Claim Appeals Office, No. 08CA0923, 4/17/09, published.Facts:Rosario Aviado, an employee of Ensicon Corp., filed a claim for an injury to her bilateral upper extremities, and suffers from bilateral carpal tunnel syndrome. A physician performed a division-sponsored independent medical examination, and opined that her impairment did not extend ...
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