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

Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ3870460 (ANA 410080)
Regular
Nov 15, 2010

LEONARD ROBINSON vs. NEW YORK KNICKERBOCKERS, MURPHY & BEANE

The Board granted reconsideration to address the proper workers' compensation permanent disability rating schedule. The defendant argued the WCJ erred in applying the 1997 Schedule, contending the 2005 Schedule or, alternatively, the 1978 Schedule should apply. The WCJ's reliance on Labor Code § 4061 exceptions was found to be flawed, as the statute was not in effect during the applicant's period of temporary disability. The case was returned to the trial level for a determination on the correct schedule, considering the effective dates of relevant statutes and the existence of any pre-2005 medical reports indicating permanent disability.

Workers' Compensation Appeals BoardLeonard RobinsonNew York KnickerbockersPermissibly Self-InsuredMurphy & BeaneReconsiderationAmended Findings and AwardWCJCumulative InjuryIndustrial Injury
References
Case No. VNO 0495347
Regular
Jul 07, 2008

JOHN LIEBIG vs. LEXINGTON ACQUISITION, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant who sustained admitted industrial injuries, and the central dispute is which permanent disability rating schedule applies. The defendant sought reconsideration, arguing the 2005 Schedule should apply instead of the 1997 Schedule used by the trial judge. The Appeals Board granted reconsideration, finding that pre-2005 reports did not sufficiently indicate permanent disability to trigger the exception allowing the 1997 Schedule. Consequently, the case was returned to the trial level for permanent disability determination under the 2005 Schedule.

Workers' Compensation Appeals BoardLexington AcquisitionState Compensation Insurance FundVNO 0495347Opinion and Order Granting ReconsiderationFindings and AwardWCJindustrial injuryneckback
References
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
Case No. MON 320947
Regular
Sep 24, 2007

LaVerne Davis vs. CITY OF SANTA MONICA, Permissibly SelfInsured

The applicant sustained a low back injury prior to January 1, 2005, but no medical report prior to that date clearly stated the applicant had a "ratable disability" that had reached "permanent and stationary" status. Therefore, the 2005 permanent disability rating schedule, rather than the 1997 schedule, was correctly applied by the WCJ. The Board denied the applicant's petition for reconsideration, upholding the application of the 2005 schedule.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardpermanent disabilitycumulative traumalow back injurypermanent disability rating scheduleLabor Code section 4660(d)1997 schedule2005 schedule
References
Case No. SAC 308714, SAC 341852
Regular
Oct 01, 2007

WAYNE LEWIS vs. BEUTLER HEATING AND AIR, ARCH INSURANCE, ST. JOHN'S RETIREMENT VILLAGE, STATE COMPENSATION INSURANCE FUND

This case concerns the applicability of either the 1997 or 2005 Schedule for Rating Permanent Disabilities. The applicant argued a December 2004 treating physician's report indicated permanent disability, thus requiring application of the older 1997 Schedule. The Board denied reconsideration, holding that the physician's report did not state the applicant was permanent and stationary, a necessary condition under Labor Code section 4660(d) and *Vera v. Workers' Comp. Appeals Bd.* for the 1997 Schedule to apply. Therefore, the 2005 Schedule was correctly applied.

Permanent disability schedule1997 schedule2005 schedulepermanent and stationaryP\&SLabor Code section 4660(d)treating physician's reportratable disabilityVera v. Workers' Comp. Appeals Bd.August 18
References
Case No. ADJ1781751 (SJO 0264172) ADJ4460330 (SJO 0264178) ADJ3361342 (SJO 0266633)
Regular
Jan 14, 2010

SARA MARTINEZ-RODRIGUEZ vs. TARGET STORES, Permissibly Self-Insured; SEDGWICK CMS, TPA

The Workers' Compensation Appeals Board denied Target Stores' petition for reconsideration, affirming the WCJ's award to Sara Martinez-Rodriguez. The Board found Target's argument that the applicant's 2002 absence from work was for personal reasons unsubstantiated, upholding the temporary disability finding. The Board also affirmed the WCJ's use of the 1997 permanent disability rating schedule for the 1998 and 2002 injuries, primarily because Target failed to issue the required Section 4061 notice due to its own misconduct in not paying temporary disability benefits. The Board disagreed with the WCJ's secondary rationale for applying the older schedule based on the AME's post-2005 report, finding it insufficient on its own.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary DisabilityPermanent DisabilityRating ScheduleLabor Code Section 4061Agreed Medical Examiner (AME)Pre-2005 Injuries1997 Rating Schedule
References
Case No. ADJ3291959 (VNO 0487238)
Regular
Feb 27, 2009

JOHNNY HERRERA vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, finding the 1997 Permanent Disability Rating Schedule applied. This decision reversed the trial judge's ruling that the 2005 Schedule was appropriate. The Board determined that the employer's obligation to provide notice under Labor Code section 4061 prior to January 1, 2005, triggered the application of the earlier schedule. Therefore, the case was returned for further proceedings and a new decision based on the 1997 Schedule.

Permanent disability rating scheduleLabor Code section 4061 notice1997 Schedule2005 Scheduletemporary disability indemnitycessation of benefitsnotice exceptionPendergrass v. Duggan PlumbingPTPQME
References
Case No. SAC 308714SAC 341852
Regular
Oct 01, 2007

WAYNE LEWIS vs. BEUTLER HEATING AND AIR, ARCH INSURANCE, ST. JOHN'S RETIREMENT VILLAGE, STATE COMPENSATION INSURANCE FUND

This case concerns the applicability of the 1997 vs. 2005 Schedule for Rating Permanent Disabilities. The Workers' Compensation Appeals Board denied reconsideration, upholding the administrative law judge's finding that the 2005 Schedule applied. This was based on the crucial determination that no treating physician's report before January 1, 2005, indicated the applicant had reached permanent and stationary status with a ratable disability.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability ScheduleLabor Code Section 4660(d)Treating Physician ReportPermanent and Stationary StatusRatable DisabilityIndustrial InjuryMaintenance Worker1997 Schedule
References
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
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