Home/Case Law/MISHELLE HARVEY vs. WALDEN HOUSE, STATE COMPENSATION INSURANCE FUND
Regular DecisionWorkers' Compensation

MISHELLE HARVEY vs. WALDEN HOUSE, STATE COMPENSATION INSURANCE FUND

Filed: Feb 08, 2008
OAK 309502

CompFox AI Summary

This case concerns the applicable Permanent Disability Rating Schedule (PDRS) for injuries sustained before January 1, 2005. The Appeals Board found that the applicant's treating physician's 2004 reports, when viewed in light of the entire record including subsequent evaluations, did not demonstrate the existence of permanent disability before the 2005 PDRS effective date. Therefore, the 2005 PDRS applies, and the matter is remanded for a new decision by the WCJ.

Full Decision Text1 Pages

This case concerns the applicable Permanent Disability Rating Schedule (PDRS) for injuries sustained before January 1, 2005. The Appeals Board found that the applicant's treating physician's 2004 reports, when viewed in light of the entire record including subsequent evaluations, did not demonstrate the existence of permanent disability before the 2005 PDRS effective date. Therefore, the 2005 PDRS applies, and the matter is remanded for a new decision by the WCJ.

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