CompFox AI Summary
This case involves a dispute over whether the 1997 or 2005 disability rating schedule applies to applicant Joaquin Granados's left knee and back injury, and the appropriateness of apportionment. The Appeals Board granted reconsideration, rescinded the previous award, and returned the matter for new rating instructions. This decision was based on the finding that no medical report established applicant reached permanent and stationary status prior to January 1, 2005, thus mandating the application of the 2005 Schedule. Furthermore, the Board found Dr. Nottage's apportionment report to be substantial evidence, unlike Dr. Schwartz's, and ordered further proceedings based on Dr. Nottage's findings.
Full Decision Text1 Pages
This case involves a dispute over whether the 1997 or 2005 disability rating schedule applies to applicant Joaquin Granados's left knee and back injury, and the appropriateness of apportionment. The Appeals Board granted reconsideration, rescinded the previous award, and returned the matter for new rating instructions. This decision was based on the finding that no medical report established applicant reached permanent and stationary status prior to January 1, 2005, thus mandating the application of the 2005 Schedule. Furthermore, the Board found Dr. Nottage's apportionment report to be substantial evidence, unlike Dr. Schwartz's, and ordered further proceedings based on Dr. Nottage's findings.
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