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

Case No. SAC 0345394
Regular
Feb 22, 2008

DIANA RICHMOND vs. STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE, legally uninsured

The Workers' Compensation Appeals Board denied reconsideration of a decision that applied the 2005 Permanent Disability Rating Schedule. The applicant argued that a pre-2005 MRI and subsequent medical opinions indicated permanent disability, thus triggering the older 1997 Schedule. The Board found that the MRI report alone was insufficient and that the AME's opinion on prior permanent disability was too late to qualify for the exception.

Workers' Compensation Appeals BoardDiana RichmondState of California Department of Justicelegally uninsuredSAC 0345394Opinion and Order Denying ReconsiderationFindings and AwardFebruary 222008industrial injury
References
Case No. ADJ2752568 (SAL 0109989)
Regular
Jun 16, 2011

REBECCA HANSON vs. UNIVERSITY OF CALIFORNIA SANTA CRUZ, Permissibly Self-Insured

This case involves determining which Permanent Disability Rating Schedule (PDRS) applies to Rebecca Hanson's 2003 industrial injury. The employer argued the 2005 PDRS should apply, reducing her rating from 74% to 42%, as they continued paying temporary disability beyond January 1, 2005. However, the Board found that the employer's October 8, 2003 notice of temporary disability termination, even if later rectified, did not trigger the exception for the 1997 PDRS. Consequently, the Board granted reconsideration, found the 2005 PDRS applicable, and remanded the case for a new rating.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleLabor Code section 4660(d)1997 PDRS2005 PDRSTemporary Total DisabilityTemporary Partial DisabilityLabor Code section 4061 NoticeMultiple Disabilities TableAldi v. Carr
References
Case No. LAO 838220
Regular
May 14, 2007

MARIA SERAFIN vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and remanded the case to determine permanent disability using the 1997 Schedule. This decision stems from the Board's finding that the applicant's treating physician's December 20, 2004, report indicated the existence of permanent disability, triggering an exception under Labor Code section 4660(d). Consequently, the outdated 1997 Schedule, not the 2005 Schedule, must be applied to calculate the applicant's permanent disability benefits.

Workers' Compensation Appeals BoardMaria SerafinLansco Die CastingState Compensation Insurance FundLAO 838220ReconsiderationFindings and AwardWCJIndustrial InjuryRight Shoulder
References
Case No. GRO 0031310
Regular
May 02, 2008

RONALD CHRISTENSEN vs. CALIFORNIA POLYTECHNIC SAN LUIS OBISPO; Permissibly Self-Insured c/o SEDGWICK CMS

This case concerns an applicant injured before January 1, 2005, who sought reconsideration of a finding of no permanent disability. The Appeals Board denied reconsideration, holding that the 2005 permanent disability rating schedule applies unless specific exceptions under Labor Code section 4660(d) are met. Since no pre-2005 report indicated permanent disability, the WCJ correctly applied the 2005 schedule.

Permanent disability rating scheduleLabor Code section 4660AD Rule 9805prospective applicationexceptionsAldi v. CarrMcClellanIngersollThompson & HornCostco Wholesale Corp. v. Workers' Comp. Appeals Bd. (Chavez)
References
Case No. ADJ4456144 (VNO 0487588)
Regular
Feb 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)
References
Case No. VNO 0495162
Regular
Sep 26, 2007

MICHAEL LONGFELLOW vs. LOOKHEED MARTIN, ESIS

The Workers' Compensation Appeals Board affirmed the original decision, ruling that the 2005 Permanent Disability Rating Schedule (PDRS) applies to the applicant's case. The Board found that neither a pre-2005 medical report by Dr. Silver indicating permanent disability nor a specific notice exception under Labor Code section 4660(d) were met. Consequently, the applicant's permanent disability was correctly rated using the 2005 PDRS.

Permanent Disability Rating Schedule2005 PDRS1997 PDRSLabor Code Section 4660(d)Medical-Legal ReportTreating PhysicianPermanent and StationaryTemporary Total DisabilitySection 4061 Notice ExceptionAldi v. Carr
References
Case No. SAL 0110868
Significant
Jan 24, 2007

Josh Pendergrass, Applicant vs. Duggan Plumbing, State Compensation Insurance Fund

For the purpose of determining the applicable permanent disability rating schedule under Labor Code section 4660, an employer's duty to provide the notice required by section 4061 arises with the first payment of temporary disability indemnity.

Labor Code section 4660(d)2005 Schedule1997 Schedulesection 4061 notice requirementtemporary disability indemnitypermanent disability ratingen banc decisionreconsiderationWCJindustrial injury
References
Case No. ADJ2653629 (LAO 0826099)
Regular
Dec 02, 2011

, Applicant, vs. HERITAGE PRINTING AND FINISHING CORP.; CHARTIS,

This case concerns the application of the 1997 or 2005 permanent disability rating schedule for a 2003 injury. The applicant's psychiatric permanent disability was found to exist as of November 1, 2004, based on a comprehensive medical-legal report. The Appeals Board affirmed the WCJ's decision to use the 1997 schedule, as the pre-2005 report triggered an exception under Labor Code section 4660(d). The defendant's arguments regarding the report's qualifications and separate rating for body parts were rejected.

Permanent disability rating scheduleLabor Code section 4660(d)1997 rating schedule2005 rating scheduleComprehensive medical-legal reportTreating physician reportAldi v. CarrMcClellanIngersollThompson & Horn
References
Case No. MON 0307421
Regular
Jun 20, 2008

Frank E. Snedecor vs. L.A. COMMUNITY COLLEGE DISTRICT

This case involves a dispute over which permanent disability rating schedule applies to an admitted 2003 neck injury. The defendant argued the 1997 schedule was incorrectly used by the WCJ. The Appeals Board granted reconsideration, finding no pre-2005 medical report indicated the existence of permanent disability, and remanded the case for rating under the 2005 schedule.

Workers' Compensation Appeals BoardFrank E. SnedecorL.A. Community College DistrictPermanent Disability Rating1997 Rating Schedule2005 Rating ScheduleLabor Code section 4660(b)ReconsiderationFindings and AwardMedical-Legal Report
References
Case No. OXN 0134757
Regular
Dec 21, 2007

ERICKA RIOS vs. SANTA PAULA COMMUNITY HOSPITAL, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that applied the revised permanent disability rating schedule to her claim. The WCAB denied reconsideration, affirming the WCJ's finding that the revised schedule applied because the employer did not have a duty to issue a Labor Code §4061 notice until the last payment of temporary disability benefits was made, which occurred after January 1, 2005. Therefore, the applicant's argument that the prior rating schedule should apply due to a perceived premature §4061 notice obligation was rejected.

Workers' Compensation Appeals BoardSanta Paula Community HospitalState Compensation Insurance FundEricka RiosFindings and AwardOpinion and Order Denying ReconsiderationIndustrial InjuryLeft ShoulderLumbar SpineFurther Medical Treatment
References
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