CompFox AI Summary
This case concerns whether the 1997 or 2005 Permanent Disability Rating Schedule should apply to an applicant's back injury. The majority affirmed the administrative law judge's use of the 2005 schedule, finding no basis to deviate. However, a dissenting commissioner argued the 1997 schedule should have been used, citing the employer's May 2004 admission that the treating physician indicated permanent disability. This admission, the dissent argued, falls under an exception to the 2005 schedule's applicability, as interpreted by relevant case law.
Full Decision Text1 Pages
This case concerns whether the 1997 or 2005 Permanent Disability Rating Schedule should apply to an applicant's back injury. The majority affirmed the administrative law judge's use of the 2005 schedule, finding no basis to deviate. However, a dissenting commissioner argued the 1997 schedule should have been used, citing the employer's May 2004 admission that the treating physician indicated permanent disability. This admission, the dissent argued, falls under an exception to the 2005 schedule's applicability, as interpreted by relevant case law.
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