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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Aug 13, 1995

Brier v. City University

The respondent City University of New York's determination, dated August 13, 1995, to dismiss the petitioner from his role as Administrative Superintendent of Campus Buildings and Grounds at Lehman College, effective September 8, 1995, was unanimously confirmed. The petition was denied, and the CPLR article 78 proceeding, transferred from the Supreme Court, New York County, was dismissed. The court found that respondent's conclusions regarding the petitioner's failure to report lost keys, ensure proper facility cleaning and maintenance, and general incompetence were supported by substantial evidence, including testimony from the petitioner, superiors, and co-workers. No grounds were found to overturn the respondent's credibility assessments, and the penalty of dismissal was deemed appropriate, especially considering the petitioner's prior disciplinary history.

Public EmploymentAdministrative LawEmployee MisconductWorkplace DisciplineJudicial ReviewArticle 78 ProceedingLehman CollegeCity University of New YorkTermination of EmploymentSubstantial Evidence
References
1
Case No. ADJ1072155 (OXN 0136887)
Regular
Jul 20, 2009

JUAN ARELLANO vs. CENTRAL COAST, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's decision, holding that the 2005 Permanent Disability Rating Schedule (PDRS) applies to applicant's case, not the 1997 PDRS. The Board found that the treating physician's reports did not sufficiently indicate the existence of permanent disability prior to January 1, 2005, to qualify for an exception to the 2005 PDRS. Therefore, the case was returned for further proceedings to apply the 2005 PDRS for rating permanent disability.

Permanent Disability Rating ScheduleLabor Code section 4660(d)treating physician report1997 PDRS2005 PDRSreconsiderationWCJmedical-legal reportcomprehensive medical reportwork restriction
References
8
Case No. ADJ7926189
Regular
Apr 01, 2014

Robert Hurley vs. Sacramento Kings, Vancouver Grizzlies, TIG

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.

Permanent Disability Rating ScheduleStatute of LimitationsLabor Code SectionsQualified Medical EvaluatorsCumulative InjurySubstantial EvidencePetition for ReconsiderationFindings and AwardVocational RehabilitationApportionment
References
9
Case No. ADJ3346033
Regular
Apr 06, 2009

NANCY SWYERS vs. TENET/DMC OF MODESTO

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award that applied the 1997 Permanent Disability Rating Schedule (PDRS). The Board ruled that the 2005 PDRS must be used for applicant's December 6, 2004 injury because no pre-2005 medical report indicated permanent disability, and no other statutory exception applied. The plain language of Labor Code section 4660 mandates the 2005 PDRS unless specific exceptions are met. The case was returned to the trial level for proceedings and a new decision utilizing the 2005 PDRS.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleLabor Code Section 46601997 PDRS2005 PDRSComprehensive Medical-Legal ReportTreating Physician ReportNotice Under Section 4061Senate Bill 899Aldiv. Carr McClellan
References
6
Case No. ADJ2752568 (SAL 0109989)
Regular
Jun 16, 2011

REBECCA HANSON vs. UNIVERSITY OF CALIFORNIA SANTA CRUZ, Permissibly Self-Insured

This case involves determining which Permanent Disability Rating Schedule (PDRS) applies to Rebecca Hanson's 2003 industrial injury. The employer argued the 2005 PDRS should apply, reducing her rating from 74% to 42%, as they continued paying temporary disability beyond January 1, 2005. However, the Board found that the employer's October 8, 2003 notice of temporary disability termination, even if later rectified, did not trigger the exception for the 1997 PDRS. Consequently, the Board granted reconsideration, found the 2005 PDRS applicable, and remanded the case for a new rating.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleLabor Code section 4660(d)1997 PDRS2005 PDRSTemporary Total DisabilityTemporary Partial DisabilityLabor Code section 4061 NoticeMultiple Disabilities TableAldi v. Carr
References
5
Case No. ADJ4409748 (MON 0316373)
Regular
Jul 27, 2009

KIMBERLY HOLLIS vs. KDS BUSINESS SYSTEMS, INC., HARTFORD ACCIDENT \u0026 INDEMNITY CO.

The WCJ's decision to use the 1997 PDRS instead of the 2005 PDRS is rescinded because it did not explain how the 1997 PDRS was used. The case is returned for a decision addressing the Labor Code section 4660(d) requirement.

WCABReconsiderationPost-Reconsideration Findings and AwardPermanent Disability Rating Schedule1997 PDRS2005 PDRSLabor Code Section 4660(d)Cumulative TraumaIndustrial InjuryRes Judicata
References
15
Case No. ADJ3956215
Regular
Sep 19, 2008

HERIBERTO SANCHEZ vs. COASTAL BERRY COMPANY, STATE COMPENSATION INSURANCE FUND

The Appeals Board grants reconsideration, rescinding the July 16, 2008 decision due to the incorrect use of the 1997 PDRS instead of the 2005 PDRS for rating permanent disability. The case is returned for proper rating under the 2005 PDRS.

WCABReconsiderationFindings and AwardPermanent Disability Rating Schedule1997 PDRS2005 PDRSLabor Code Section 4660Temporary Disability IndemnitySection 4061 NoticeIndustrial Injury
References
1
Case No. SAL 0105778 SAL 0117376
Regular
Aug 08, 2008

JAVIER PACHECO vs. NORM QUADROS/CORDELL DAVID PLASTERING and STATE COMPENSATION INSURANCE FUND

This case affirms a prior award finding applicant's permanent disability at 18% and rated under the 2005 Permanent Disability Rating Schedule (PDRS). The Board rejected applicant's challenge to the PDRS's validity, deeming the issue waived as it wasn't raised at trial. Furthermore, the Board affirmed that it cannot rule on a statute's constitutionality without an appellate court ruling, and applicant provided no evidence to rebut the PDRS's presumptive validity.

2005 PDRSpetition for reconsiderationJoint Findings and Awardpermanent disabilityindustrial injuriesconstitutional argumentappellate court determinationAdministrative DirectorLabor Code section 4660en banc opinion
References
5
Case No. OAK 309502
Regular
Feb 08, 2008

MISHELLE HARVEY vs. WALDEN HOUSE, STATE COMPENSATION INSURANCE FUND

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.

Workers' Compensation Appeals BoardPermanent Disability Rating SchedulePDRSLabor Code Section 4660(d)Treating Physician ReportComprehensive Medical-Legal ReportPermanent and Stationary (P&S)OverpaymentIndemnity PaymentsAgreed Medical Evaluator (AME)
References
10
Case No. OAK 0305052
Regular
Dec 19, 2007

GUILLERMO PALMA vs. BEST EXPRESS FOODS, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a decision that applied the 2005 Permanent Disability Rating Schedule (PDRS), arguing the 1997 PDRS should apply. The Appeals Board granted reconsideration, deferring the PDRS application and permanent disability determination pending the California Supreme Court's decision in a related case, *Vera v. Workers' Comp. Appeals Bd.* The matter is returned to the trial level for a new decision after the *Vera* outcome.

Workers' Compensation Appeals BoardPermanent Disability Rating Schedule2005 PDRS1997 PDRSVera v. Workers' Comp. Appeals Bd.Labor Code Section 4660Treating Physician's ReportPermanent and StationarySupreme Court ReviewReconsideration Granted
References
1
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