Home/Case Law/JOSE RAMIREZ vs. QUALITY SCALES UNLIMITED, INSURANCE COMPANY OF THE WEST
Regular DecisionOpinion and Order Granting Petition for Reconsideration and Decision After Reconsideration

JOSE RAMIREZ vs. QUALITY SCALES UNLIMITED, INSURANCE COMPANY OF THE WEST

Filed: Mar 17, 2025
San Jose
ADJ10518881

CompFox AI Summary

Applicant Jose Ramirez sought reconsideration of a Findings and Awards (F&A) issued on December 17, 2024, which determined a 40% permanent disability (PD) rating, notably excluding any psychiatric component. Ramirez contended that this rating was inadequate, citing inconsistent PQME reports with higher PD ratings, unaddressed surgical scars, the omission of a psychiatric component despite claims of a catastrophic injury, and newly discovered evidence. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, ruling that the Workers' Compensation Judge's (WCJ) initial decision lacked sufficient explanation for the PD rating and the catastrophic injury determination. Additionally, the WCAB found that the WCJ improperly relied on an inadmissible consultative rating determination. As a result, the WCAB amended the F&A to defer the issues of permanent disability impairment rating and attorney's fees, while otherwise affirming the WCJ's decision.

Full Decision Text1 Pages

Applicant Jose Ramirez sought reconsideration of a Findings and Awards (F&A) issued on December 17, 2024, which determined a 40% permanent disability (PD) rating, notably excluding any psychiatric component. Ramirez contended that this rating was inadequate, citing inconsistent PQME reports with higher PD ratings, unaddressed surgical scars, the omission of a psychiatric component despite claims of a catastrophic injury, and newly discovered evidence. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, ruling that the Workers' Compensation Judge's (WCJ) initial decision lacked sufficient explanation for the PD rating and the catastrophic injury determination. Additionally, the WCAB found that the WCJ improperly relied on an inadmissible consultative rating determination. As a result, the WCAB amended the F&A to defer the issues of permanent disability impairment rating and attorney's fees, while otherwise affirming the WCJ's decision.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.