CompFox AI Summary
This case concerns the application of the correct permanent disability rating schedule for an applicant who sustained an industrial injury. The majority denied reconsideration, upholding the WCJ's use of the 1997 Schedule based on a treating physician's report dated December 2, 2004. However, a dissenting Commissioner argued that this report lacked substantial evidence as it was based on unreviewed records and yet-to-be-performed diagnostics, thus the 2005 Schedule should have been applied.
Full Decision Text1 Pages
This case concerns the application of the correct permanent disability rating schedule for an applicant who sustained an industrial injury. The majority denied reconsideration, upholding the WCJ's use of the 1997 Schedule based on a treating physician's report dated December 2, 2004. However, a dissenting Commissioner argued that this report lacked substantial evidence as it was based on unreviewed records and yet-to-be-performed diagnostics, thus the 2005 Schedule should have been applied.
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