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

Case No. LAO 0857719
Regular
Aug 08, 2008

ELISAVED HERNANDEZ vs. ASHWORTH ASSOCIATES, INC., REDWOOD FIRE & CASUALTY INSURANCE COMPANY

This case concerns an applicant seeking reconsideration of a permanent disability rating for a back injury. The applicant argued the revised rating schedule was wrongly applied, claiming the defendant should have provided notice and a prior medical report indicated permanent disability. The Board denied reconsideration, finding that the applicant failed to establish the exceptions required to use the older rating schedule, thus affirming the application of the revised schedule.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and Awardlaborerindustrial injurylow backpermanent disabilityrevised rating scheduleprior rating scheduleLabor Code Section 4061
References
2
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. SAC 0343332
Regular
Jun 12, 2007

MARY COMPTON vs. WALMART ASSOCIATES, INC., AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration to determine which rating schedule applies to Mary Compton's industrial back injury. The Board found the revised rating schedule applies, not the prior one, because there was no pre-2005 medical report indicating the applicant's permanent and stationary status or ratable disability. Consequently, issues of permanent disability, apportionment, and attorney fees were deferred for further proceedings under the revised schedule.

Workers' Compensation Appeals BoardRating SchedulePermanent DisabilityReconsiderationMedical-Legal ReportTreating PhysicianPermanent and Stationary StatusLabor Code Section 4660(d)Agreed Medical ExaminationAMA Guides
References
3
Case No. OXN 0134757
Regular
Dec 21, 2007

ERICKA RIOS vs. SANTA PAULA COMMUNITY HOSPITAL, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that applied the revised permanent disability rating schedule to her claim. The WCAB denied reconsideration, affirming the WCJ's finding that the revised schedule applied because the employer did not have a duty to issue a Labor Code §4061 notice until the last payment of temporary disability benefits was made, which occurred after January 1, 2005. Therefore, the applicant's argument that the prior rating schedule should apply due to a perceived premature §4061 notice obligation was rejected.

Workers' Compensation Appeals BoardSanta Paula Community HospitalState Compensation Insurance FundEricka RiosFindings and AwardOpinion and Order Denying ReconsiderationIndustrial InjuryLeft ShoulderLumbar SpineFurther Medical Treatment
References
3
Case No. SFO 0500346
Regular
Nov 13, 2007

JAMES HARTMAN vs. CITY AND COUNTY OF SAN FRANCISCO

In this workers' compensation case, the Appeals Board is reconsidering its prior order that applied the revised rating schedule to applicant James Hartman's injury. The defendant argued the prior schedule should apply, citing legislative intent and lack of evidence of permanent disability before 2005. The Board, applying the *Vera* precedent, found that the treating physician's report did not indicate a "permanent and stationary" ratable disability, thus the revised schedule applies. The Board rescinded its previous decision, reinstated the WCJ's original finding that the revised schedule applies, and returned the case for further proceedings.

Workers' Compensation Appeals BoardLabor Code section 4660(d)rating schedulepermanent disabilityindustrial injuryreconsiderationopinion and ordertreating physicianmedical-legal reportpermanent and stationary status
References
3
Case No. LAO 0842819
Regular
Sep 04, 2007

JUAN M. VILLALOBOS vs. ANCRA INTERNATIONAL, GALLAGHER BASSETT SERVICES, INC.

This case concerns the application of the correct permanent disability rating schedule for an industrial injury occurring before January 1, 2005. The applicant sought to apply the prior rating schedule, arguing specific medical reports indicated permanent disability. However, the Workers' Compensation Appeals Board denied reconsideration, affirming the use of the revised rating schedule. The Board found no qualifying pre-January 1, 2005 medical report indicating the applicant was permanent and stationary, nor was the employer required to issue notice under Labor Code § 4061 until after that date.

WCABReconsiderationSupplemental Findings and AwardIndustrial InjuryLower BackPermanent DisabilityRevised Rating SchedulePrior Rating ScheduleLabor Code Section 4061Labor Code Section 4660(d)
References
4
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. VNO 0508520 VNO 0508521
Regular
Jun 12, 2007

ROSALINDA ZUNIGA vs. GRIMMWAY ENTERPRISES

The Workers' Compensation Appeals Board denied reconsideration, affirming the Administrative Law Judge's decision to apply the revised permanent disability rating schedule. This decision was based on the finding that the applicant was not permanent and stationary when the treating physician indicated a potential permanent disability, and therefore, no exception to the revised schedule applied. The Board also affirmed the WCJ's findings regarding temporary disability and the applicant's compliance with the Health Care Organization.

Workers' Compensation Appeals BoardGrimmway EnterprisesRosalinda ZunigaFindings of Fact and Awardindustrial injuryrefrigerator operatorright elbowlow backleft kneetemporary disability
References
4
Case No. ADJ2269231 (OXN 0139900)
Regular
Apr 13, 2008

CAROLE KRAL vs. ST. JOHN'S REGIONAL MEDICAL CENTER, Permissibly Self-Insured OCTAGON RISK SERVICES

This case concerns an applicant challenging a WCJ's denial to reopen a prior finding that the 2005 permanent disability rating schedule applied. The Appeals Board affirmed the WCJ's decision, holding that the April 18, 2007 decision on the rating schedule was a "final order" because it addressed a "threshold issue" fundamental to permanent disability benefits. Applicant's failure to timely seek reconsideration of this final order means the rating schedule issue is now conclusively determined. Therefore, the November 25, 2008 Findings, Award and Orders, which incorporated the 2005 schedule, were properly affirmed.

Workers' Compensation Appeals BoardReconsiderationFindings and OrdersPermanent Disability Rating ScheduleThreshold IssueFinal OrderReopeningSupplemental PleadingsOccupational TherapistIndustrial Injury
References
15
Case No. ADJ1357359 (ANA 0384919) ADJ2070955 (ANA 0381261) ADJ2274268 (ANA 0381264) ADJ1962006 (ANA 0381265)
Regular
Oct 04, 2011

JOSE RIVERA vs. CENTRAL FREIGHT LINES, ARROWWOOD INDEMNITY COMPANY

This case concerns the proper rating schedule for Jose Rivera's multiple industrial injuries. The Workers' Compensation Appeals Board granted reconsideration, finding that the administrative law judge erred by applying the 1997 rating schedule to all injuries. Specifically, the Board determined that the 2005 rating schedule should apply to the lumbar spine injury, as the medical report cited did not indicate permanent disability. However, a report from November 2004 did indicate permanent disability for the left lower extremity injury, thus allowing the use of the 1997 schedule for that specific injury. The Board rescinded the prior award and remanded the case for further proceedings and a new decision.

Workers' Compensation Appeals BoardJose RiveraCentral Freight LinesArrowwood IndemnityJoint Findings and AwardPermanent DisabilityLumbar SpinePsycheLeft WristLeft Foot
References
2
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