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

Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ3870460 (ANA 410080)
Regular
Nov 15, 2010

LEONARD ROBINSON vs. NEW YORK KNICKERBOCKERS, MURPHY & BEANE

The Board granted reconsideration to address the proper workers' compensation permanent disability rating schedule. The defendant argued the WCJ erred in applying the 1997 Schedule, contending the 2005 Schedule or, alternatively, the 1978 Schedule should apply. The WCJ's reliance on Labor Code § 4061 exceptions was found to be flawed, as the statute was not in effect during the applicant's period of temporary disability. The case was returned to the trial level for a determination on the correct schedule, considering the effective dates of relevant statutes and the existence of any pre-2005 medical reports indicating permanent disability.

Workers' Compensation Appeals BoardLeonard RobinsonNew York KnickerbockersPermissibly Self-InsuredMurphy & BeaneReconsiderationAmended Findings and AwardWCJCumulative InjuryIndustrial Injury
References
Case No. SDO 0323941
Regular
Aug 20, 2007

CAPRICE SMITH vs. KINDERCARE LEARNING CENTER, SPECIALTY RISK SERVICES, AIG

This case concerns whether the old or new workers' compensation permanent disability rating schedule applies to an injury predating the 2005 schedule changes. The Board affirmed the WCJ's prior determination that the 1997 schedule applies due to a final, unchallenged finding on the matter. However, the Board granted reconsideration to amend the award, deferring the issue of permanent disability and attorney's fees for further proceedings at the trial level due to the WCJ's insufficient explanation of the disability rating and apportionment.

Workers' Compensation Appeals BoardKindercare Learning CenterSpecialty Risk ServicesAIGCaprice SmithSDO 0323941Petition for ReconsiderationAmended Findings and AwardPreschool TeacherIndustrial Injury
References
Case No. ADJ 8560911
Regular
May 02, 2016

TIM MCDONALD vs. SAN FRANCISCO 49ERS, TIG SPECIALTY COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinding the original award of 73% permanent disability and attorney fees. The Board determined that the 2005 Permanent Disability Rating Schedule, not an older schedule, should be used for rating the applicant's cumulative trauma injury claim filed in 2012. The case is returned to the trial level for a new determination of permanent disability using the 2005 schedule, affirming findings on injury and medical treatment.

Workers' Compensation Appeals BoardSan Francisco 49ersTIG Specialty Companyindustrial injuryprofessional athletefootball playerstrong safetycumulative traumapermanent disabilityapportionment
References
Case No. OAK 0318645
Regular
May 23, 2000

FLORENCE ROTTIER vs. LONG'S DRUG STORES, AIG CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration to review the WCJ's decision regarding applicant Florence Rottier's industrial injury. The Board rescinded the prior order and returned the case to the trial level for further proceedings. This action was primarily due to the WCJ's admission that his decision regarding the applicable rating schedule was based on speculation and a failure to formally admit exhibits into evidence as required by Board precedent.

Workers' Compensation Appeals BoardFlorence RottierLong's Drug StoresAIG Claims ServicesOAK 0318645Opinion and Order Granting ReconsiderationFindings and Orderindustrial injuryright shouldergreeting card clerk
References
Case No. FRE 0222374
Regular
Sep 20, 2007

JAMES ZERNIAL vs. PEPSI BOTTLING COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to address a dispute over which permanent disability rating schedule applied to the applicant's 2003 injury. The defendant argued the WCJ erred by using the old 1997 Schedule instead of the new 2005 Schedule. The Board rescinded the prior award and returned the case for a new decision after the WCJ reevaluates the schedule's applicability in light of a recent Court of Appeal ruling.

Permanent Disability Rating Schedule1997 Schedule2005 ScheduleLabor Code § 4660(d)Vera v. Workers' Comp. Appeals Bd.Industrial InjuryReconsiderationFindings and AwardRescindedReturned to Trial Level
References
Case No. ADJ3291959 (VNO 0487238)
Regular
Feb 27, 2009

JOHNNY HERRERA vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, finding the 1997 Permanent Disability Rating Schedule applied. This decision reversed the trial judge's ruling that the 2005 Schedule was appropriate. The Board determined that the employer's obligation to provide notice under Labor Code section 4061 prior to January 1, 2005, triggered the application of the earlier schedule. Therefore, the case was returned for further proceedings and a new decision based on the 1997 Schedule.

Permanent disability rating scheduleLabor Code section 4061 notice1997 Schedule2005 Scheduletemporary disability indemnitycessation of benefitsnotice exceptionPendergrass v. Duggan PlumbingPTPQME
References
Case No. ADJ3167111
Regular
Dec 09, 2008

KATIE E. MACIAS vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS & REHABILITATION, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves a dispute over the correct disability rating for an applicant who sustained an industrial injury. The applicant argues that the 1997 disability rating schedule should apply due to a pre-2005 medical report, an exception to the newer 2005 schedule. The Appeals Board granted reconsideration and rescinded the original award. The matter is remanded to the trial level for further proceedings and a new decision regarding the appropriate disability rating.

WCABpermanent disability1997 Schedule2005 ScheduleLabor Code section 4660(d)reconsiderationFindings and Awardrescindedtrial levelcorrectional officer
References
Case No. AHM 0118785
Regular
Oct 10, 2007

LISABETH BLACK vs. WAL-MART, AIG, FRANK GATES SERVICE CO.

The Workers' Compensation Appeals Board (WCAB) reconsidered a case where the applicant was awarded permanent disability benefits based on the 1997 Schedule. The WCAB has amended the prior award to defer the issues of permanent disability and attorney's fees. The matter is returned to the trial level for rating under the 2005 Schedule for Rating Permanent Disabilities, as the applicant's treating physician's report indicated temporary disability, not permanent and stationary status as required by recent appellate precedent.

WCABPetition for ReconsiderationPermanent Disability1997 Schedule2005 ScheduleTreating Physician ReportVera v. Workers' Comp. Appeals Bd.Permanent and StationaryTemporary Total DisabilityLabor Code section 4660(d)
References
Case No. SRO 0125973
Regular
Oct 01, 2007

DUANE MAGEE vs. RALEY'S, CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, finding that the 2005 Permanent Disability Rating Schedule, not the 1997 Schedule, applies to this case. This determination was based on the fact that the applicant's treating physician did not issue a report indicating permanent and stationary status before January 1, 2005. Consequently, the case is remanded to defer the permanent disability rating and attorney's fee calculation.

Permanent disability rating schedule4660(d)2005 schedule1997 scheduleTreating physician reportPermanent and stationaryMaximal medical improvementApportionmentDegenerative changesSpinal fusion
References
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