CompFox AI Summary
In this workers' compensation case, the Appeals Board is reconsidering its prior order that applied the revised rating schedule to applicant James Hartman's injury. The defendant argued the prior schedule should apply, citing legislative intent and lack of evidence of permanent disability before 2005. The Board, applying the Vera precedent, found that the treating physician's report did not indicate a "permanent and stationary" ratable disability, thus the revised schedule applies. The Board rescinded its previous decision, reinstated the WCJ's original finding that the revised schedule applies, and returned the case for further proceedings.
Full Decision Text1 Pages
In this workers' compensation case, the Appeals Board is reconsidering its prior order that applied the revised rating schedule to applicant James Hartman's injury. The defendant argued the prior schedule should apply, citing legislative intent and lack of evidence of permanent disability before 2005. The Board, applying the Vera precedent, found that the treating physician's report did not indicate a "permanent and stationary" ratable disability, thus the revised schedule applies. The Board rescinded its previous decision, reinstated the WCJ's original finding that the revised schedule applies, and returned the case for further proceedings.
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