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

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. MISSING
Regular Panel Decision

Claim of Keselman v. New York City Transit Authority

Claimant, injured in 1986, initially established a right shoulder injury. The Workers’ Compensation Board affirmed this but denied a causally related neck injury in 1996. After another application in 1998 alleging a worsened neck condition, the Workers’ Compensation Law Judge found a causally related neck injury and permanent partial disability, awarding benefits from February 5, 1998, which the Board affirmed. Separately, the Board also ruled the employer was entitled to credit schedule payments against disability payments made after February 5, 1998. The court affirmed both decisions, finding substantial evidence supported the deterioration of the neck injury post-1996 and that schedule awards are independent of actual disability periods, thus allowing the employer's credit.

Workers' CompensationPermanent Partial DisabilitySchedule AwardDisability PaymentsNeck InjuryRight Shoulder InjuryCausally Related InjuryReopening CaseMedical EvidenceMRI
References
7
Case No. ADJ3783720 (EUR 0038931)
Regular
Apr 05, 2011

STANLEY HOLCOMB, JR. vs. TOWN OF SCOTIA COMPANY, LLC, Successor In Interest to THE PACIFIC LUMBER COMPANY (PSI), Administered By TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration and amended a prior decision regarding the applicable Permanent Disability Rating Schedule. The Board determined that Dr. Brandvold's November 17, 2004 report indicated permanent disability, thus triggering an exception under Labor Code section 4660(d). Consequently, the 1997 Permanent Disability Rating Schedule, not the 2005 Schedule, must be applied. The case is returned for further proceedings to determine permanent disability under the correct schedule.

2005 Permanent Disability Rating Schedule1997 ScheduleLabor Code section 4660(d)Petition for ReconsiderationWCJ's Report and Recommendationtreating neurosurgeonQualified Medical Evaluators (QMEs)cumulative injuryapportionmentpermanent disability
References
6
Case No. ADJ1099369
Regular
Jul 01, 2009

SANDRA SMULLEN vs. CITY OF SAN DIEGO, PERMISSIBLY SELF-INSURED

The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding that the applicant's pre-2005 treating physician reports sufficiently indicated permanent disability. Consequently, the Board applied the 1997 permanent disability rating schedule instead of the 2005 schedule. This resulted in an amended award of 56 percent permanent disability based on the stipulated rating under the 1997 schedule. The decision reversed the prior award that had utilized the 2005 schedule and awarded 35 percent permanent disability.

Workers' Compensation Appeals BoardPermanent Disability Rating Schedule2005 Rating Schedule1997 Rating ScheduleLabor Code section 4660(d)Petition for ReconsiderationIndustrial InjuryPolice OfficerBack InjuryTreating Physician
References
6
Case No. ADJ6879193
Regular
Feb 10, 2012

KATHERINE LAU vs. CUPERTINO UNION SCHOOL DISTRICT, KEENAN and ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration to review the application of the 1997 vs. 2005 Permanent Disability Rating Schedules. The Board reversed the WCJ's finding, determining there was insufficient pre-2005 medical evidence of permanent disability to apply the 1997 schedule. Consequently, the Board applied the 2005 schedule, reducing the applicant's permanent disability rating from 29% to 12%. One Commissioner dissented, arguing the record supported the use of the 1997 schedule based on pre-2005 indications of permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent Disability Rating1997 Schedule2005 ScheduleLabor Code Section 4660(d)Comprehensive Medical-Legal ReportTreating Physician ReportIndustrial Injury
References
4
Case No. ADJ302815 (OXN 0136951)
Regular
Sep 27, 2010

PETER RODRIGUEZ vs. MERCO CONSTRUCTION ENGINEERING, INC., MAJESTIC INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to determine which permanent disability rating schedule applies to Peter Rodriguez's 2004 industrial injury. The Board reversed the trial judge, finding that Dr. Ghilarducci's May 21, 2004 report constituted substantial evidence of permanent disability prior to January 1, 2005. Consequently, the Board held that the 1997 Schedule for Rating Permanent Disabilities, not the 2005 Schedule, applies to this case. The matter was remanded for further proceedings to apply the correct schedule to determine permanent disability and apportionment.

Workers' Compensation Appeals BoardReconsiderationAmended Findings and AwardLabor Code2005 Schedule1997 SchedulePermanent DisabilityApportionmentMedical-Legal ReportTreating Physician
References
7
Case No. ADJ4099888 (WCK 0066521)
Regular
Nov 16, 2011

SALLY MERDIAN vs. AIG CLAIMS SERVICES, CHARTIS INSURANCE

This case concerns the proper permanent disability rating schedule to apply for an injury sustained in 2002. The Workers' Compensation Appeals Board (WCAB) found that the primary treating physician's December 20, 2004 report, when considered with the entire record, provided substantial evidence of permanent disability prior to January 1, 2005. Therefore, the WCAB rescinded the trial judge's decision and returned the case to the trial level to rate the permanent disability using the 1997 Schedule, not the 2005 Schedule. The WCAB clarified that the magnitude of the injury or disability is immaterial to determining if a pre-2005 report "indicates" permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityRating SchedulePrimary Treating PhysicianMedical-Legal ReportLabor Code Section 4660(d)Industrial InjuryNeck Injury
References
9
Case No. SDO 0321444 SDO 0321446
Regular
Jun 28, 2007

MARY BLOEMSMA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied reconsideration, upholding the use of the revised permanent disability rating schedule for applicant's pre-January 1, 2005 injury. The Board found that the treating physician's reports did not explicitly state the applicant was "permanent and stationary" with a ratable disability, a prerequisite for applying the older rating schedule under Labor Code § 4660(d). Therefore, the revised schedule was correctly applied, resulting in a 22% permanent disability rating.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleRevised Rating SchedulePrior Rating ScheduleLabor Code Section 4660(d)Permanent and Stationary StatusTreating Physician's ReportComprehensive Medical-Legal ReportIndustrial InjuryHerniated Disc
References
2
Case No. SAL 0110469
Regular
Jan 22, 2008

DENNIS HOWELL vs. COUNTY OF MONTEREY

This case concerns the application of the correct workers' compensation rating schedule for a pre-2005 injury. The defendant argued for the revised schedule, claiming no temporary disability payments were made in 2004 and no permanent disability reports existed then. However, the Board found that the applicant *was* entitled to temporary disability benefits in 2004, triggering the obligation to issue notice regarding permanent disability. Therefore, the prior rating schedule applies to determine the applicant's permanent disability.

Workers' Compensation Appeals BoardDENNIS HOWELLCOUNTY OF MONTEREYindustrial injuryleft kneetemporary disabilitypermanent disabilityprior rating schedulerevised rating scheduleLabor Code section 4660(d)
References
3
Case No. MON 0318706
Regular
Jul 11, 2008

EDGAR BENITEZ vs. IRISH COMMUNICATIONS, AIG CLAIMS SERVICES, INC.

This case concerns the appropriate permanent disability rating schedule. The applicant argues the 1997 schedule applies due to his physician indicating permanent disability before January 1, 2005, an exception to the 2005 schedule's use. The Board granted reconsideration, agreeing that the physician's report finding the applicant eligible for vocational rehabilitation constituted an indication of permanent disability, thus triggering the 1997 schedule. The matter is returned to the trial level for rating under the 1997 schedule and subsequent issuance of a decision.

Permanent Disability Rating ScheduleLabor Code Section 4660(d)Primary Treating PhysicianVocational RehabilitationComprehensive Medical-Legal ReportPermanent and Stationary StatusGenlyte Group v. ZavalaZenith v. CuginiVera v. Workers' Comp. Appeals Bd.Agreed Medical Evaluator
References
3
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