CompFox AI Summary
The Appeals Board granted reconsideration to determine the correct Permanent Disability Rating Schedule (PDRS) to be used for the applicant's cumulative injury claim. The Board ruled that the 2005 PDRS, not the 1997 PDRS, should apply as the defendant was not required to provide the Labor Code § 4061 notice prior to January 1, 2005. The case is returned to the trial level for a new decision using the 2005 PDRS after further development of the record. The prior decision's findings on permanent disability and statute of limitations are rescinded without prejudice.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to determine the correct Permanent Disability Rating Schedule (PDRS) to be used for the applicant's cumulative injury claim. The Board ruled that the 2005 PDRS, not the 1997 PDRS, should apply as the defendant was not required to provide the Labor Code § 4061 notice prior to January 1, 2005. The case is returned to the trial level for a new decision using the 2005 PDRS after further development of the record. The prior decision's findings on permanent disability and statute of limitations are rescinded without prejudice.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.