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Case Law Database

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. 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. 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
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
0
Case No. MISSING
Regular Panel Decision

Claim of Keselman v. New York City Transit Authority

Claimant, injured in 1986, initially established a right shoulder injury. The Workers’ Compensation Board affirmed this but denied a causally related neck injury in 1996. After another application in 1998 alleging a worsened neck condition, the Workers’ Compensation Law Judge found a causally related neck injury and permanent partial disability, awarding benefits from February 5, 1998, which the Board affirmed. Separately, the Board also ruled the employer was entitled to credit schedule payments against disability payments made after February 5, 1998. The court affirmed both decisions, finding substantial evidence supported the deterioration of the neck injury post-1996 and that schedule awards are independent of actual disability periods, thus allowing the employer's credit.

Workers' CompensationPermanent Partial DisabilitySchedule AwardDisability PaymentsNeck InjuryRight Shoulder InjuryCausally Related InjuryReopening CaseMedical EvidenceMRI
References
7
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. ADJ1973556 (LBO 0374472)
Regular
May 23, 2011

RONALD SOMERS vs. STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision finding $28\%$ permanent disability for an admitted industrial knee injury. The applicant argued for application of the older 1997 disability rating schedule, claiming a pre-2005 medical report indicated permanent disability. However, the Board found no substantial medical evidence in the record prior to January 1, 2005, indicating permanent disability to trigger the older schedule. Consequently, the WCJ's award using the 2005 Schedule was affirmed.

WCABPetition for ReconsiderationFindings and AwardPermanent Disability2005 Schedule1997 ScheduleTreating Physician ReportMedical-Legal ReportLabor Code Section 4660(d)Industrial Injury
References
4
Case No. ADJ1232911
Regular
Jun 22, 2009

ADALBERTO OCHOA vs. SLATON & SON ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original finding of industrial injury, temporary disability, need for further treatment, and 37% permanent disability for applicant Adalberto Ochoa. The defendant argued the WCJ erred by applying the 1997 permanent disability rating schedule, claiming no pre-2005 medical reports indicated permanent disability. However, the Board adopted the WCJ's report, denying reconsideration and affirming the original award. A dissenting opinion argued the 2005 rating schedule should apply as no pre-2005 medical reports indicated permanent disability, and the WCJ's interpretation of temporary disability advances was improper.

WCABADALBERTO OCHOASLATON & SON ROOFINGSTATE COMPENSATION INSURANCE FUNDFindings and Awardrooferlumbar spinetemporary disabilitypermanent disabilityLabor Code section 4909
References
5
Case No. STK 181253
Regular
Sep 21, 2007

VIRGINIA NENITA CORTEZ vs. VILLA MARCHE, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration to apply the 2005 Schedule for Permanent Disability Ratings instead of the 1997 Schedule. The Board found that no exceptions applied to require the older schedule, as no pre-2005 comprehensive medical-legal reports or treating physician reports indicated permanent disability, and the last temporary disability payment occurred after January 1, 2005. Therefore, the case was returned for a new decision under the 2005 Schedule.

Uninsured Employers Benefits Trust FundLabor Code section 4660(d)1997 Schedule2005 SchedulePermanent and StationaryComprehensive Medical-Legal ReportTreating Physician ReportTemporary Disability IndemnitySection 4061 NoticeAldi v. Carr
References
6
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