CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding Robert Perchlak's industrial injury claim against Wal-Mart. The applicant challenged the $44%$ permanent disability rating, arguing the rating specialist improperly disregarded physician findings. The WCAB clarified that rating specialists are limited to rating based on WCJ instructions and cannot independently assess medical impairments or deviate from AMA Guides criteria. The WCAB amended the decision to defer permanent disability and attorney's fees, returning the case for further proceedings to clarify the physician's impairment findings and ensure proper rating procedures are followed.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding Robert Perchlak's industrial injury claim against Wal-Mart. The applicant challenged the $44%$ permanent disability rating, arguing the rating specialist improperly disregarded physician findings. The WCAB clarified that rating specialists are limited to rating based on WCJ instructions and cannot independently assess medical impairments or deviate from AMA Guides criteria. The WCAB amended the decision to defer permanent disability and attorney's fees, returning the case for further proceedings to clarify the physician's impairment findings and ensure proper rating procedures are followed.
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