Home/Case Law/FELIX LOPEZ HEREDIA vs. NUNEZ BROTHERS RANCH, ZENITH INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

FELIX LOPEZ HEREDIA vs. NUNEZ BROTHERS RANCH, ZENITH INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

Filed: May 10, 2011
ADJ351818 (FRE 0240633) ADJ850154 (FRE 0245677)

CompFox AI Summary

The Workers' Compensation Appeals Board granted Zenith Insurance Company's petition for reconsideration, reversing the original award. The Board found that a prior treating physician's report did not adequately indicate permanent disability, thus the 2005 rating schedule, not the 1997 schedule, should apply to the applicant's 2003 injury. The case was returned to the trial level for rating under the 2005 schedule and to determine attorney's fees. A dissenting opinion argued that the prior physician's report did indicate permanent disability.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted Zenith Insurance Company's petition for reconsideration, reversing the original award. The Board found that a prior treating physician's report did not adequately indicate permanent disability, thus the 2005 rating schedule, not the 1997 schedule, should apply to the applicant's 2003 injury. The case was returned to the trial level for rating under the 2005 schedule and to determine attorney's fees. A dissenting opinion argued that the prior physician's report did indicate permanent disability.

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