CompFox AI Summary
This case involves an applicant seeking reconsideration of a permanent disability rating for a right shoulder injury sustained between November 1998 and October 2003. The applicant argues that the 2005 Permanent Disability Rating Schedule (PDRS) was improperly applied and that the older 1997 PDRS should be used. The Appeals Board denied the petition, finding that no pre-January 1, 2005 medical report provided substantial evidence of permanent disability. A dissenting opinion argued that a 2004 report from Dr. Sobol, supported by later opinions from the Agreed Medical Examiner, indicated permanent disability and thus warranted the use of the older rating schedule.
Full Decision Text1 Pages
This case involves an applicant seeking reconsideration of a permanent disability rating for a right shoulder injury sustained between November 1998 and October 2003. The applicant argues that the 2005 Permanent Disability Rating Schedule (PDRS) was improperly applied and that the older 1997 PDRS should be used. The Appeals Board denied the petition, finding that no pre-January 1, 2005 medical report provided substantial evidence of permanent disability. A dissenting opinion argued that a 2004 report from Dr. Sobol, supported by later opinions from the Agreed Medical Examiner, indicated permanent disability and thus warranted the use of the older rating schedule.
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