CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the 1997 Permanent Disability Rating Schedule applies to applicant Kin Ho's case. This decision relies on the rationale in Genlyte Group v. WCAB (Zavala), which established that an indication of permanent disability prior to reaching "permanent and stationary" status is sufficient to trigger the earlier schedule for pre-June 1, 2005 injuries. The Board also found that the defendant's arguments regarding the applicant's alleged fraud and the substantiality of Dr. Petrakis's opinion were previously litigated and are now res judicata.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the 1997 Permanent Disability Rating Schedule applies to applicant Kin Ho's case. This decision relies on the rationale in Genlyte Group v. WCAB (Zavala), which established that an indication of permanent disability prior to reaching "permanent and stationary" status is sufficient to trigger the earlier schedule for pre-June 1, 2005 injuries. The Board also found that the defendant's arguments regarding the applicant's alleged fraud and the substantiality of Dr. Petrakis's opinion were previously litigated and are now res judicata.
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