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

Case No. GRO 0033790
Regular
Feb 04, 2008

JOSEPH RANGEL vs. LASH CONSTRUCTION, SEABRIGHT INSURANCE

The Appeals Board granted reconsideration to address a challenge to the 2005 Permanent Disability Rating Schedule's diminished future earning capacity factors, specifically referencing the en banc decision in *Boughner v. Comp USA, Inc.* The Board rescinded the previous award and returned the case to the trial level for further proceedings, pending the *Boughner* decision. This ensures that any new decision will be consistent with the Appeals Board's ruling on the validity of these rating factors.

Petition for ReconsiderationFindings Award and OrderAlbert RivasExpert Witness TestimonyDiminished Future Earning CapacityBoughner v. Comp USAInc.En Banc DecisionWorkers' Compensation Appeals BoardStipulated Industrial Injury
References
Case No. GRO 0032446 GRO 0032447
Regular
Jul 07, 2008

VICTOR PONCE vs. ALL SEASON FLOWERS, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board affirmed a judge's decision denying a cumulative trauma injury claim and awarding 13% permanent disability for a back injury. The Appeals Board found that the applicant's vocational expert's testimony regarding diminished future earning capacity was not substantial evidence, as it did not properly address or rebut the 2005 Permanent Disability Rating Schedule. The Board specifically cited *Boughner v. Comp USA, Inc.*, holding that the applicant failed to demonstrate the 2005 PDRS was arbitrary or capricious, thus upholding its presumptive validity.

Workers' Compensation Appeals BoardReconsiderationCumulative Trauma InjuryIndustrial InjuryPermanent Disability2005 PDRSRebuttalVocational ExpertDiminished Future Earning CapacityBoughner v. Comp USA
References
Case No. GRO 0032759, GRO 0032760, GRO 0032761
Regular
Jul 16, 2008

CALIFORNIA MEN'S COLONY vs. Legally Uninsured; STATE COMPENSATION INSURANCE FUND

This case involves an applicant's claim for permanent disability benefits arising from multiple injuries, including specific and cumulative trauma to the left knee and high blood pressure. The original decision apportioned liability for the knee injury per the *Wilkinson* standard, but the Appeals Board rescinded this due to new case law (*Benson*) requiring apportionment based solely on causation. The matter is returned for further proceedings to apply the *Benson* standard and potentially consider other relevant legal decisions.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentWilkinsonCumulative TraumaDiminished Earning CapacityLabor Code Section 4660Permanent Disability Rating ScheduleBoughner
References
Case No. OAK 0325086
Regular
Sep 11, 2007

KENNETH GMEINER vs. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration as premature, but granted removal to address the judge's improper deferral of a permanent disability decision. The judge had vacated submission, citing uncertainty about the validity of the 2005 Permanent Disability Rating Schedule (PDRS) based on a pending case. The Board ruled that deferring a decision on permanent disability due to an unresolved legal issue concerning the PDRS's validity prejudiced the parties and violated the mandate for expeditious adjudication.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and Order Vacating SubmissionPermanent Disability Rating ScheduleSB 899Boughner v. CompUSAInc.Costa v. HardyAdministrative Director
References
Case No. SAL 0105778 SAL 0117376
Regular
Aug 08, 2008

JAVIER PACHECO vs. NORM QUADROS/CORDELL DAVID PLASTERING and STATE COMPENSATION INSURANCE FUND

This case affirms a prior award finding applicant's permanent disability at 18% and rated under the 2005 Permanent Disability Rating Schedule (PDRS). The Board rejected applicant's challenge to the PDRS's validity, deeming the issue waived as it wasn't raised at trial. Furthermore, the Board affirmed that it cannot rule on a statute's constitutionality without an appellate court ruling, and applicant provided no evidence to rebut the PDRS's presumptive validity.

2005 PDRSpetition for reconsiderationJoint Findings and Awardpermanent disabilityindustrial injuriesconstitutional argumentappellate court determinationAdministrative DirectorLabor Code section 4660en banc opinion
References
Case No. GRO 34643
Regular
Jul 08, 2008

JULIA GOMEZ-LUVIANO vs. SAN LUIS OBISPO TELEGRAM TRIBUNE, ST. PAUL TRAVELERS INSURANCE COMPANY

This case concerns Julia Gomez-Lubiano's workers' compensation claim for a back injury. The Appeals Board affirmed the prior decision rating her permanent disability at 14% under the 2005 Permanent Disability Rating Schedule. The Board found that the applicant failed to rebut the presumption of correctness for the 2005 PDRS, citing relevant precedent, and therefore denied her expert witness fees.

Permanent Disability Rating Schedule2005 PDRSrebut presumptionexpert witness feesindustrial injurypress operatorWCJEn Banc decisionCosta v. Hardy DiagnosticBoughner v. Comp USA
References
Case No. GRO 0033226
Regular
Aug 31, 2007

FRANCISCO CHAGOLLA vs. LOS DOS VALLES HARVESTING, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant who sustained a lumbar spine injury and appealed a permanent disability rating. The applicant challenged the validity of the 2005 Permanent Disability Rating Schedule (PDRS) and argued a vocational consultant's testimony rebutted the rating. The Board affirmed the original decision, finding the applicant failed to prove the PDRS was invalid and that the consultant's testimony did not rebut it. However, the Board reversed the denial of reimbursement for the consultant's expert testimony, finding him qualified as an expert in diminished future earning capacity.

WORKERS' COMPENSATION APPEALS BOARDFrancisco ChagollaLos Dos Valles HarvestingState Compensation Insurance FundGRO 0033226Opinion and Decision After Reconsiderationindustrial injurylumbar spinepermanent disabilitydiminished future earning capacity
References
Case No. SFO 0491230
En Banc
Jun 02, 2008

Scott Boughner vs. COMP USA, INC.; Zurich North America

The Appeals Board held that the applicant did not meet his burden of proving the 2005 Permanent Disability Rating Schedule (PDRS) was invalid, reversing the Workers' Compensation Judge's decision and returning the matter to the trial level for further proceedings.

PDRSLabor Code section 4660presumptive validityarbitrary and capriciousempirical dataRAND Institutediminished future earning capacitycrosswalk studyrulemaking recordWCJ
References
Case No. SFO 0491230
Significant
Jun 02, 2008

Scott Boughner, Applicant vs. COMP USA, INC.; and ZURICH NORTH AMERICA

The Appeals Board held that the applicant failed to rebut the presumptive validity of the 2005 Permanent Disability Rating Schedule (PDRS), reversing the Workers' Compensation Judge's finding and returning the case for rating under the 2005 PDRS.

Permanent Disability Rating SchedulePDRSLabor Code Section 4660En Banc DecisionCosta v. Hardy DiagnosticAdministrative DirectorArbitrary and CapriciousRulemaking RecordEmpirical DataRAND Institute
References
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