CompFox AI Summary
The Workers' Compensation Appeals Board granted Zenith Insurance Company's petition for reconsideration, reversing the original award. The Board found that a prior treating physician's report did not adequately indicate permanent disability, thus the 2005 rating schedule, not the 1997 schedule, should apply to the applicant's 2003 injury. The case was returned to the trial level for rating under the 2005 schedule and to determine attorney's fees. A dissenting opinion argued that the prior physician's report did indicate permanent disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted Zenith Insurance Company's petition for reconsideration, reversing the original award. The Board found that a prior treating physician's report did not adequately indicate permanent disability, thus the 2005 rating schedule, not the 1997 schedule, should apply to the applicant's 2003 injury. The case was returned to the trial level for rating under the 2005 schedule and to determine attorney's fees. A dissenting opinion argued that the prior physician's report did indicate permanent disability.
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