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

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. 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. 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. 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. OAK 309502
Regular
Feb 08, 2008

MISHELLE HARVEY vs. WALDEN HOUSE, STATE COMPENSATION INSURANCE FUND

This case concerns the applicable Permanent Disability Rating Schedule (PDRS) for injuries sustained before January 1, 2005. The Appeals Board found that the applicant's treating physician's 2004 reports, when viewed in light of the entire record including subsequent evaluations, did not demonstrate the existence of permanent disability before the 2005 PDRS effective date. Therefore, the 2005 PDRS applies, and the matter is remanded for a new decision by the WCJ.

Workers' Compensation Appeals BoardPermanent Disability Rating SchedulePDRSLabor Code Section 4660(d)Treating Physician ReportComprehensive Medical-Legal ReportPermanent and Stationary (P&S)OverpaymentIndemnity PaymentsAgreed Medical Evaluator (AME)
References
10
Case No. SFO 499333
Regular
May 30, 2008

CARMENCITA REDOBLE vs. CHEVRON STATIONS, INC.

The Workers' Compensation Appeals Board denied reconsideration of a decision that applied the 2005 Permanent Disability Rating Schedule (PDRS) to an applicant's psyche injury. The defendant argued that the older 1997 PDRS should have been used, based on a supposed requirement to issue a Labor Code section 4061 notice before January 1, 2005. However, the Board found no evidence in the record to support the defendant's claim that the notice was required or issued, thus upholding the application of the 2005 PDRS.

Petition for ReconsiderationPermanent Disability Rating Schedule (PDRS)Labor Code Section 4061Labor Code Section 4660Industrial InjuryPsyche InjuryArmed RobberyTemporary DisabilityPermanent and StationaryApportionment
References
0
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. 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
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
8
Case No. BAK 0143492
Regular
Oct 16, 2007

JUAN CISNEROS MEZA vs. GARY PITTS FARM, STATE COMPENSATION INSURANCE FUND

This case involves an industrial injury sustained by a farm laborer. The Appeals Board reconsidered a prior award and determined that the 2005 Permanent Disability Rating Schedule (PDRS) applies, not the 1997 PDRS. This decision was based on the fact that the medical report relied upon did not indicate permanent disability, thus failing to meet the statutory exception for using the older schedule. The case is returned to the trial level for rating under the 2005 PDRS.

Workers' Compensation Appeals BoardPermanent Disability Rating Schedule1997 PDRS2005 PDRSLabor Code Section 4660(d)Comprehensive Medical-Legal ReportTreating Physician's ReportIndustrial InjuryFarm LaborerNeck Injury
References
2
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