Home/Case Law/Barbara Sharon vs. The Kroger Company, dba Food 4 Less/Foods Co
Regular DecisionReconsideration

Barbara Sharon vs. The Kroger Company, dba Food 4 Less/Foods Co

Filed: Feb 19, 2013
ADJ2115086 (SAC 0340405)

CompFox AI Summary

This case concerns an applicant seeking to reopen a prior workers' compensation award for new and further disability due to bilateral knee injuries. The Board granted reconsideration, finding good cause to reopen based on new medical evidence. However, it rescinded the prior finding that the 1997 Permanent Disability Rating Schedule applied. Instead, the Board determined that the 2005 Schedule applies, as there was no qualifying pre-2005 treating physician or medical-legal report indicating permanent disability. The December 4, 2012 decision is otherwise affirmed.

Full Decision Text1 Pages

This case concerns an applicant seeking to reopen a prior workers' compensation award for new and further disability due to bilateral knee injuries. The Board granted reconsideration, finding good cause to reopen based on new medical evidence. However, it rescinded the prior finding that the 1997 Permanent Disability Rating Schedule applied. Instead, the Board determined that the 2005 Schedule applies, as there was no qualifying pre-2005 treating physician or medical-legal report indicating permanent disability. The December 4, 2012 decision is otherwise affirmed.

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Barbara Sharon vs. The Kroger Company, dba Food 4 Less/Foods Co (2013) – | CompFox