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Case No. ADJ4503926

Regular

Mar 18, 2013

IVAN GALAVIZ vs. HB PARCO CONSTRUCTION, INC., OLD REPUBLIC GENERAL INSURANCE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant argued that due process was violated, evidence was not adequately discussed, and findings of fact did not support the decision. The Board adopted the WCJ's report, which found the applicant failed to submit timely briefs and objections to rating instructions. The WCJ also determined that the evidence did not support the application of Almarez/Guzman, and the strict application of AMA Guidelines was appropriate.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENIEDWCJ REPORTDUE PROCESSEVIDENCEFINDINGS OF FACTOPINION AND DECISIONAMEDEPOSITION

References

Case No. ADJ798960

Regular

May 22, 2009

JUAN NAVARRO vs. MARANTZ COOPERATIVE PURCHASERS, EMPLOYERS COMPENSATION INSURANCE GROUP

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's claim that the wrong permanent disability rating schedule was applied. The Board affirmed the use of the 2005 PDRS, finding no comprehensive medical report predating January 1, 2005, indicating permanent disability. However, the Board rescinded the prior award and returned the matter for further medical development regarding the applicant's permanent disability factors, as required by the recent *Almarez/Guzman* en banc decision. A dissenting opinion argued that the applicant waived the issue of AMA Guides impairment rating by not raising it at trial.

WORKERS COMPENSATION APPEALS BOARDMARANTZ COOPERATIVE PURCHASERSEMPLOYERS COMPENSATION INSURANCE GROUPJUAN NAVARRO2005 PERMANENT DISABILITY RATING SCHEDULEALMAREZ/GUZMANAMA GUIDES TO THE EVALUATION OF PERMANENT IMPAIRMENTLABOR CODE SECTION 4660(D)PERMANENT AND STATIONARY STATUSMEDICAL-LEGAL REPORT

References

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IVAN GALAVIZ vs. HB PARCO CONSTRUCTION, INC., OLD REPUBLIC GENERAL INSURANCE

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENIEDWCJ REPORTDUE PROCESSEVIDENCEFINDINGS OF FACTOPINION AND DECISIONAMEDEPOSITION

JUAN NAVARRO vs. MARANTZ COOPERATIVE PURCHASERS, EMPLOYERS COMPENSATION INSURANCE GROUP