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

Case No. ADJ6879193
Regular
Feb 10, 2012

KATHERINE LAU vs. CUPERTINO UNION SCHOOL DISTRICT, KEENAN and ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration to review the application of the 1997 vs. 2005 Permanent Disability Rating Schedules. The Board reversed the WCJ's finding, determining there was insufficient pre-2005 medical evidence of permanent disability to apply the 1997 schedule. Consequently, the Board applied the 2005 schedule, reducing the applicant's permanent disability rating from 29% to 12%. One Commissioner dissented, arguing the record supported the use of the 1997 schedule based on pre-2005 indications of permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent Disability Rating1997 Schedule2005 ScheduleLabor Code Section 4660(d)Comprehensive Medical-Legal ReportTreating Physician ReportIndustrial Injury
References
4
Case No. MON 0318706
Regular
Jul 11, 2008

EDGAR BENITEZ vs. IRISH COMMUNICATIONS, AIG CLAIMS SERVICES, INC.

This case concerns the appropriate permanent disability rating schedule. The applicant argues the 1997 schedule applies due to his physician indicating permanent disability before January 1, 2005, an exception to the 2005 schedule's use. The Board granted reconsideration, agreeing that the physician's report finding the applicant eligible for vocational rehabilitation constituted an indication of permanent disability, thus triggering the 1997 schedule. The matter is returned to the trial level for rating under the 1997 schedule and subsequent issuance of a decision.

Permanent Disability Rating ScheduleLabor Code Section 4660(d)Primary Treating PhysicianVocational RehabilitationComprehensive Medical-Legal ReportPermanent and Stationary StatusGenlyte Group v. ZavalaZenith v. CuginiVera v. Workers' Comp. Appeals Bd.Agreed Medical Evaluator
References
3
Case No. ADJ1099369
Regular
Jul 01, 2009

SANDRA SMULLEN vs. CITY OF SAN DIEGO, PERMISSIBLY SELF-INSURED

The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding that the applicant's pre-2005 treating physician reports sufficiently indicated permanent disability. Consequently, the Board applied the 1997 permanent disability rating schedule instead of the 2005 schedule. This resulted in an amended award of 56 percent permanent disability based on the stipulated rating under the 1997 schedule. The decision reversed the prior award that had utilized the 2005 schedule and awarded 35 percent permanent disability.

Workers' Compensation Appeals BoardPermanent Disability Rating Schedule2005 Rating Schedule1997 Rating ScheduleLabor Code section 4660(d)Petition for ReconsiderationIndustrial InjuryPolice OfficerBack InjuryTreating Physician
References
6
Case No. SJO 0262198
Regular
Aug 17, 2007

ANTHONY LAYTON vs. CITY OF SANTA CLARA

The Workers' Compensation Appeals Board granted reconsideration and reversed its prior decision, holding that the 1997 permanent disability rating schedule, not the 2005 schedule, applies to this case. This decision was based on two exceptions to the 2005 schedule's applicability: the treating physician indicated permanent disability before January 1, 2005, and the employer provided proper notice of rights before the 2005 schedule became effective. Consequently, the applicant's permanent disability is rated at 37% under the 1997 schedule, totaling $38,950.00.

Workers' Compensation Appeals BoardReconsideration2005 Schedule1997 ScheduleLabor Code Section 4660(d)ExceptionsTreating Physician ReportSection 4061 NoticePermanent Disability RatingPolice Officer
References
2
Case No. SRO 116945
Regular
Mar 14, 2008

RHONDA BAUWENS vs. VILLAGE RETREAT, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied reconsideration, affirming its prior decision that the 1997 Schedule, not the 2005 Schedule, applies to the applicant's permanent disability rating. The Board found that the medical report indicated the existence of permanent disability under the reasoning of *Zavala*, even though the applicant's condition was not yet permanent and stationary. Therefore, the applicant's industrial injury on July 7, 2001, is subject to the 1997 permanent disability rating schedule.

1997 Schedule2005 SchedulePetition for ReconsiderationDecision after Reconsiderationpermanent disabilityindustrial injuryspinepsycheagreed medical evaluatorcomprehensive medical-legal report
References
8
Case No. ADJ3783720 (EUR 0038931)
Regular
Apr 05, 2011

STANLEY HOLCOMB, JR. vs. TOWN OF SCOTIA COMPANY, LLC, Successor In Interest to THE PACIFIC LUMBER COMPANY (PSI), Administered By TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration and amended a prior decision regarding the applicable Permanent Disability Rating Schedule. The Board determined that Dr. Brandvold's November 17, 2004 report indicated permanent disability, thus triggering an exception under Labor Code section 4660(d). Consequently, the 1997 Permanent Disability Rating Schedule, not the 2005 Schedule, must be applied. The case is returned for further proceedings to determine permanent disability under the correct schedule.

2005 Permanent Disability Rating Schedule1997 ScheduleLabor Code section 4660(d)Petition for ReconsiderationWCJ's Report and Recommendationtreating neurosurgeonQualified Medical Evaluators (QMEs)cumulative injuryapportionmentpermanent disability
References
6
Case No. ADJ302815 (OXN 0136951)
Regular
Sep 27, 2010

PETER RODRIGUEZ vs. MERCO CONSTRUCTION ENGINEERING, INC., MAJESTIC INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to determine which permanent disability rating schedule applies to Peter Rodriguez's 2004 industrial injury. The Board reversed the trial judge, finding that Dr. Ghilarducci's May 21, 2004 report constituted substantial evidence of permanent disability prior to January 1, 2005. Consequently, the Board held that the 1997 Schedule for Rating Permanent Disabilities, not the 2005 Schedule, applies to this case. The matter was remanded for further proceedings to apply the correct schedule to determine permanent disability and apportionment.

Workers' Compensation Appeals BoardReconsiderationAmended Findings and AwardLabor Code2005 Schedule1997 SchedulePermanent DisabilityApportionmentMedical-Legal ReportTreating Physician
References
7
Case No. ADJ160544 (LBO 0359144), ADJ4209690 (LBO 0372848), ADJ4666278 (LBO 0389220)
Regular
Mar 09, 2009

THELMA MORALES vs. CEDARS SINAI HEALTH SYSTEM

This case concerns whether the 1997 or 2005 Permanent Disability Rating Schedule applies. The defendant argued the WCJ erred by using the 1997 Schedule. The Board found that Dr. Lane's 2004 report did not indicate permanent disability as required to trigger the older schedule. Additionally, the final temporary disability payment occurred after January 1, 2005, meaning the Labor Code § 4061 notice exception did not apply. Consequently, the Board granted reconsideration, rescinded the previous findings, and remanded the cases for rating under the 2005 Schedule.

Permanent Disability Rating Schedule1997 Schedule2005 ScheduleLabor Code § 4660(d)Medical-Legal ReportTreating PhysicianPermanent and Stationary StatusCubital Tunnel SyndromeTemporary Disability IndemnityLabor Code § 4061 Notice
References
12
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
Case No. ADJ4099888 (WCK 0066521)
Regular
Nov 16, 2011

SALLY MERDIAN vs. AIG CLAIMS SERVICES, CHARTIS INSURANCE

This case concerns the proper permanent disability rating schedule to apply for an injury sustained in 2002. The Workers' Compensation Appeals Board (WCAB) found that the primary treating physician's December 20, 2004 report, when considered with the entire record, provided substantial evidence of permanent disability prior to January 1, 2005. Therefore, the WCAB rescinded the trial judge's decision and returned the case to the trial level to rate the permanent disability using the 1997 Schedule, not the 2005 Schedule. The WCAB clarified that the magnitude of the injury or disability is immaterial to determining if a pre-2005 report "indicates" permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityRating SchedulePrimary Treating PhysicianMedical-Legal ReportLabor Code Section 4660(d)Industrial InjuryNeck Injury
References
9
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