CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address the applicant's claim that the wrong permanent disability rating schedule was applied. The Board affirmed the use of the 2005 PDRS, finding no comprehensive medical report predating January 1, 2005, indicating permanent disability. However, the Board rescinded the prior award and returned the matter for further medical development regarding the applicant's permanent disability factors, as required by the recent Almarez/Guzman en banc decision. A dissenting opinion argued that the applicant waived the issue of AMA Guides impairment rating by not raising it at trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address the applicant's claim that the wrong permanent disability rating schedule was applied. The Board affirmed the use of the 2005 PDRS, finding no comprehensive medical report predating January 1, 2005, indicating permanent disability. However, the Board rescinded the prior award and returned the matter for further medical development regarding the applicant's permanent disability factors, as required by the recent Almarez/Guzman en banc decision. A dissenting opinion argued that the applicant waived the issue of AMA Guides impairment rating by not raising it at trial.
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