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

Case No. ADJ4409748 (MON 0316373)
Regular
Jul 27, 2009

KIMBERLY HOLLIS vs. KDS BUSINESS SYSTEMS, INC., HARTFORD ACCIDENT \u0026 INDEMNITY CO.

The WCJ's decision to use the 1997 PDRS instead of the 2005 PDRS is rescinded because it did not explain how the 1997 PDRS was used. The case is returned for a decision addressing the Labor Code section 4660(d) requirement.

WCABReconsiderationPost-Reconsideration Findings and AwardPermanent Disability Rating Schedule1997 PDRS2005 PDRSLabor Code Section 4660(d)Cumulative TraumaIndustrial InjuryRes Judicata
References
15
Case No. SDO 0340101
Regular
Sep 10, 2007

RITA CORDOVA vs. SAN DIEGO UNIFIED PORT DISTRICT, AMERICAN HOME ASSURANCE COMPANY

This case concerns the application of the 2005 permanent disability rating schedule (PDRS) over the older 1997 PDRS for an applicant injured in 2004. The applicant argued that exceptions in Labor Code section 4660(d) should trigger the 1997 schedule, primarily based on a physician's report predating the schedule change. The Workers' Compensation Appeals Board affirmed the original award, finding that recent appellate decisions clarified that the older schedule only applies if a report indicating permanent disability exists prior to January 1, 2005, and the employer was not required to provide notice under Labor Code section 4061 before that date. Therefore, the 2005 PDRS was correctly applied.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability Rating ScheduleLabor Code section 4660(d)Labor Code section 4061Medical-legal reportTreating physician's reportPermanent and stationary statusTemporary disability indemnityIndustrial injury
References
4
Case No. ADJ892742 (SJO 0240973) MF ADJ6718849
Regular
Jul 21, 2000

SALLY MACKIN vs. SANTA CLARA COUNTY FAIRGROUNDS

Here's a summary of the case for a lawyer in four sentences: The applicant sought reconsideration of a WCJ's decision finding industrial injuries to her shoulders, neck, and wrists, resulting in 43% and 9% permanent disability respectively, and awarded future medical treatment but denied claims for hypertension and psychological injury. Applicant contended the WCJ erred in permanent disability ratings, the application of the PDRS, and the DEU rater's methodology. The Board denied reconsideration, adopting the WCJ's report which found the 1997 PDRS was not applicable to the cumulative injury and that the DEU rater acted within her expertise. A dissenting commissioner argued the 1997 PDRS should apply to the cumulative injury and that the record needed further development regarding permanent disability.

Workers' Compensation Appeals BoardSally MackinSanta Clara County FairgroundsADJ892742ADJ6718849Findings Awards and Orderspermanent disabilitycumulative injuryhypertension injuryfuture medical treatment
References
12
Case No. MISSING
Regular Panel Decision
Sep 18, 2002

O'Connor v. Spencer (1997) Investment Ltd. Partnership

Patrick O'Connor was injured after falling from a six-feet-tall Baker scaffold while performing demolition work for GTI Harbor & Trucking & Rigging, Inc., on premises owned by Spencer (1997) Investment Ltd. Partnership and its general partner, Spencer Realty, Inc. O'Connor and his wife subsequently commenced an action against the appellants, alleging common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6). The appellants moved for summary judgment, arguing workers' compensation exclusivity and non-liability under the Labor Law sections. The Supreme Court denied their motion in its entirety. On appeal, the order was modified: claims based on common-law negligence and Labor Law § 200 were dismissed, while the denial of summary judgment for Labor Law §§ 240(1) and 241(6) claims was affirmed.

Scaffold AccidentDemolition InjuriesWorkers' Compensation ExclusivityLabor Law ViolationsCommon-Law NegligenceSummary Judgment MotionAppellate Division DecisionPremises LiabilitySafety RegulationsGravity-Related Accident
References
14
Case No. ADJ1188182 (SFO 481756)
Regular
Mar 02, 2009

LELEON KIZINE vs. CITY & COUNTY OF SAN FRANCISCO, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that rated the applicant's permanent disability using the 1997 Permanent Disability Rating Schedule (1997 PDRS). The defendant argued that the 2005 PDRS should apply, and the WCAB agreed that no exception to its use was properly established. The case is returned to the trial level, and parties are relieved of prior stipulations regarding the rating schedules due to intervening precedent in *Almaraz* and *Ogilvie*. This will allow for further proceedings considering these new legal interpretations.

Permanent Disability Rating Schedule1997 PDRS2005 PDRSAMA GuidesLabor Code Section 4660(d)ReconsiderationFindings of Fact and AwardAgreed Medical ExaminerRobert Steiner M.D.Operative Note
References
9
Case No. ADJ1072155 (OXN 0136887)
Regular
Jul 20, 2009

JUAN ARELLANO vs. CENTRAL COAST, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's decision, holding that the 2005 Permanent Disability Rating Schedule (PDRS) applies to applicant's case, not the 1997 PDRS. The Board found that the treating physician's reports did not sufficiently indicate the existence of permanent disability prior to January 1, 2005, to qualify for an exception to the 2005 PDRS. Therefore, the case was returned for further proceedings to apply the 2005 PDRS for rating permanent disability.

Permanent Disability Rating ScheduleLabor Code section 4660(d)treating physician report1997 PDRS2005 PDRSreconsiderationWCJmedical-legal reportcomprehensive medical reportwork restriction
References
8
Case No. ADJ7926189
Regular
Apr 01, 2014

Robert Hurley vs. Sacramento Kings, Vancouver Grizzlies, TIG

The Appeals Board granted reconsideration to determine the correct Permanent Disability Rating Schedule (PDRS) to be used for the applicant's cumulative injury claim. The Board ruled that the 2005 PDRS, not the 1997 PDRS, should apply as the defendant was not required to provide the Labor Code § 4061 notice prior to January 1, 2005. The case is returned to the trial level for a new decision using the 2005 PDRS after further development of the record. The prior decision's findings on permanent disability and statute of limitations are rescinded without prejudice.

Permanent Disability Rating ScheduleStatute of LimitationsLabor Code SectionsQualified Medical EvaluatorsCumulative InjurySubstantial EvidencePetition for ReconsiderationFindings and AwardVocational RehabilitationApportionment
References
9
Case No. ADJ3346033
Regular
Apr 06, 2009

NANCY SWYERS vs. TENET/DMC OF MODESTO

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award that applied the 1997 Permanent Disability Rating Schedule (PDRS). The Board ruled that the 2005 PDRS must be used for applicant's December 6, 2004 injury because no pre-2005 medical report indicated permanent disability, and no other statutory exception applied. The plain language of Labor Code section 4660 mandates the 2005 PDRS unless specific exceptions are met. The case was returned to the trial level for proceedings and a new decision utilizing the 2005 PDRS.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleLabor Code Section 46601997 PDRS2005 PDRSComprehensive Medical-Legal ReportTreating Physician ReportNotice Under Section 4061Senate Bill 899Aldiv. Carr McClellan
References
6
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
5
Case No. ADJ3956215
Regular
Sep 19, 2008

HERIBERTO SANCHEZ vs. COASTAL BERRY COMPANY, STATE COMPENSATION INSURANCE FUND

The Appeals Board grants reconsideration, rescinding the July 16, 2008 decision due to the incorrect use of the 1997 PDRS instead of the 2005 PDRS for rating permanent disability. The case is returned for proper rating under the 2005 PDRS.

WCABReconsiderationFindings and AwardPermanent Disability Rating Schedule1997 PDRS2005 PDRSLabor Code Section 4660Temporary Disability IndemnitySection 4061 NoticeIndustrial Injury
References
1
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