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Case Law Database

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

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
12
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
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. ADJ480092 (SFO 0498380) ADJ2934310 (SFO 0498381)
Regular
Apr 26, 2009

TONI MORGAN vs. REDWOOD CREDIT UNION, ZENITH INSURANCE COMPANY, UNITED STATES FIRE INSURANCE CO.

This case concerns an applicant's petition for reconsideration of a workers' compensation judge's finding that the 2005 Permanent Disability Rating Schedule (PDRS) should apply to two cumulative trauma injuries. The applicant argued for the 1997 PDRS, asserting a defendant's termination of temporary disability payments triggered a Labor Code notice requirement. Alternatively, the applicant contended the $15\%$ permanent disability rating was too low, citing *Almaraz/Guzman* regarding disparities between AMA Guides impairment ratings and actual employability. The Appeals Board granted reconsideration, agreeing the medical record needed further development under *Almaraz/Guzman*, and deferred the permanent disability issue for trial level review. A dissenting opinion argued the applicant waived the AMA Guides impairment issue by not raising it earlier.

WCABRedwood Credit UnionZenith Insurance CompanyUnited States Fire Insurance Co.cumulative traumapermanent disability rating schedule2005 PDRS1997 PDRSLabor Code section 4061Labor Code section 4660
References
11
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
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. 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. 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. ADJ1310387 (OAK 0333577)
Regular
Jan 16, 2014

DOREEN DAHL vs. CONTRA COSTA COUNTY

This case concerns a workers' compensation claim for industrial injury to the applicant's neck and right shoulder. The primary issue on reconsideration was whether the applicant successfully rebutted the Diminished Future Earning Capacity (DFEC) adjustment factor in the Permanent Disability Rating Schedule (PDRS). The Board affirmed the WCJ's finding that the applicant's vocational expert provided sufficient testimony to rebut the PDRS rating for the shoulder injury by focusing on similarly situated workers, as permitted by *Ogilvie v. City and County of San Francisco*. The Board clarified that this *LeBoeuf* analysis can apply even with less than 100% permanent disability and does not impermissibly rely on non-industrial factors when assessing DFEC. Therefore, the WCJ's decision awarding future medical treatment and 79% permanent disability is affirmed.

Workers' Compensation Appeals BoardIndustrial InjuryNeck InjuryRight Shoulder InjuryMedical Records TechnicianCumulative PeriodPermanent DisabilityFuture Medical TreatmentDiminished Future Earning CapacityPermanent Disability Rating Schedule
References
11
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
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