Home/Case Law/JUAN NAVARRO vs. MARANTZ COOPERATIVE PURCHASERS, EMPLOYERS COMPENSATION INSURANCE GROUP
Regular DecisionReconsideration

JUAN NAVARRO vs. MARANTZ COOPERATIVE PURCHASERS, EMPLOYERS COMPENSATION INSURANCE GROUP

Filed: May 22, 2009
San Francisco
ADJ798960

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's claim that the wrong permanent disability rating schedule was applied. The Board affirmed the use of the 2005 PDRS, finding no comprehensive medical report predating January 1, 2005, indicating permanent disability. However, the Board rescinded the prior award and returned the matter for further medical development regarding the applicant's permanent disability factors, as required by the recent Almarez/Guzman en banc decision. A dissenting opinion argued that the applicant waived the issue of AMA Guides impairment rating by not raising it at trial.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's claim that the wrong permanent disability rating schedule was applied. The Board affirmed the use of the 2005 PDRS, finding no comprehensive medical report predating January 1, 2005, indicating permanent disability. However, the Board rescinded the prior award and returned the matter for further medical development regarding the applicant's permanent disability factors, as required by the recent Almarez/Guzman en banc decision. A dissenting opinion argued that the applicant waived the issue of AMA Guides impairment rating by not raising it at trial.

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.