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

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The WCJ's decision to use the 1997 PDRS instead of the 2005 PDRS is rescinded because it did not explain how the 1997 PDRS was used.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
Case No. ADJ1188182 (SFO 481756)
Regular
Mar 02, 2009

LELEON KIZINE vs. CITY & COUNTY OF SAN FRANCISCO, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that rated the applicant's permanent disability using the 1997 Permanent Disability Rating Schedule (1997 PDRS). The defendant argued that the 2005 PDRS should apply, and the WCAB agreed that no exception to its use was properly established. The case is returned to the trial level, and parties are relieved of prior stipulations regarding the rating schedules due to intervening precedent in *Almaraz* and *Ogilvie*. This will allow for further proceedings considering these new legal interpretations.

Permanent Disability Rating Schedule1997 PDRS2005 PDRSAMA GuidesLabor Code Section 4660(d)ReconsiderationFindings of Fact and AwardAgreed Medical ExaminerRobert Steiner M.D.Operative Note
References
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
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
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
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
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
Case No. BAK 0143492
Regular
Oct 16, 2007

JUAN CISNEROS MEZA vs. GARY PITTS FARM, STATE COMPENSATION INSURANCE FUND

This case involves an industrial injury sustained by a farm laborer. The Appeals Board reconsidered a prior award and determined that the 2005 Permanent Disability Rating Schedule (PDRS) applies, not the 1997 PDRS. This decision was based on the fact that the medical report relied upon did not indicate permanent disability, thus failing to meet the statutory exception for using the older schedule. The case is returned to the trial level for rating under the 2005 PDRS.

Workers' Compensation Appeals BoardPermanent Disability Rating Schedule1997 PDRS2005 PDRSLabor Code Section 4660(d)Comprehensive Medical-Legal ReportTreating Physician's ReportIndustrial InjuryFarm LaborerNeck Injury
References
Case No. ADJ480092 (SFO 0498380) ADJ2934310 (SFO 0498381)
Regular
Apr 26, 2009

TONI MORGAN vs. REDWOOD CREDIT UNION, ZENITH INSURANCE COMPANY, UNITED STATES FIRE INSURANCE CO.

This case concerns an applicant's petition for reconsideration of a workers' compensation judge's finding that the 2005 Permanent Disability Rating Schedule (PDRS) should apply to two cumulative trauma injuries. The applicant argued for the 1997 PDRS, asserting a defendant's termination of temporary disability payments triggered a Labor Code notice requirement. Alternatively, the applicant contended the $15\%$ permanent disability rating was too low, citing *Almaraz/Guzman* regarding disparities between AMA Guides impairment ratings and actual employability. The Appeals Board granted reconsideration, agreeing the medical record needed further development under *Almaraz/Guzman*, and deferred the permanent disability issue for trial level review. A dissenting opinion argued the applicant waived the AMA Guides impairment issue by not raising it earlier.

WCABRedwood Credit UnionZenith Insurance CompanyUnited States Fire Insurance Co.cumulative traumapermanent disability rating schedule2005 PDRS1997 PDRSLabor Code section 4061Labor Code section 4660
References
Case No. OAK 0313422
Regular
Oct 18, 2007

JOHN SILVA vs. BMD PLUMBING, INC., STATE COMPENSATION INSURANCE FUND

This case concerns which permanent disability rating schedule applies to an injury sustained in September 2004. The Appeals Board rescinded the trial judge's decision to apply the old (1997) schedule, finding no pre-January 1, 2005 report explicitly stating the applicant was permanent and stationary. The matter was returned for a new decision using the current (2005) schedule, requiring further proceedings to determine the applicant's permanent disability.

Workers' Compensation Appeals BoardPermanent Disability Rating Schedule (PDRS)Labor Code Section 4660(d)Aldi v. CarrBaglione v. HertzCostco Wholesale v. WCABVera v. WCABtreating physician's reportmedical-legal reportpre-2005 injury
References
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