JOHN FARMER vs. MADE IN JAPAN, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

The applicant sought reconsideration of a permanent disability rating of 8%, arguing the incorrect rating schedule was applied. The WCAB granted reconsideration, finding that a treating physician's report dated December 1, 2004, may indicate the existence of permanent disability prior to January 1, 2005. Consequently, the WCAB rescinded the prior decision and returned the case to the trial level for further proceedings and a new decision under the correct legal interpretation. This action allows the WCJ to re-evaluate whether the 1997 Permanent Disability Rating Schedule should apply.