Case Law Database

Refugio Hidalgo vs. Falcon Roofing

This case concerns applicant Refugio Hidalgo's appeal of a workers' compensation award for injuries sustained in 2004. The primary dispute involves whether to apply the 2005 or 1997 Permanent Disability Rating Schedule, with applicant arguing exceptions exist due to pre-2005 medical reports indicating disability and employer notice failures. The Board granted reconsideration to address the applicant's diminished future earning capacity (DFEC) claim and agreed to use a corrected occupational group number. However, a dissenting commissioner argued that the pre-2005 medical reports on file met the criteria to use the 1997 schedule, disagreeing with the majority's deferral of this issue.