Case No. ADJ4456144 (VNO 0487588)RegularFeb 17, 2009
ALFREDO VALDEZ vs. GOLDEN BEAR TRANSPORTATION, CLARENDON NATIONAL INSURANCE COMPANY, RELIANCE INSURANCE COMPANY
This case involves an applicant seeking reconsideration of a permanent disability rating for a right shoulder injury sustained between November 1998 and October 2003. The applicant argues that the 2005 Permanent Disability Rating Schedule (PDRS) was improperly applied and that the older 1997 PDRS should be used. The Appeals Board denied the petition, finding that no pre-January 1, 2005 medical report provided substantial evidence of permanent disability. A dissenting opinion argued that a 2004 report from Dr. Sobol, supported by later opinions from the Agreed Medical Examiner, indicated permanent disability and thus warranted the use of the older rating schedule.
ADJ4456144GOLDEN BEAR TRANSPORTATIONCLARENDON NATIONAL INSURANCE COMPANYCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONFindings and Awardpermanent disability2005 Schedule for Rating Permanent Disabilities1997 PDRSstatutory exceptionsLabor Code section 4660(d)
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