CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that rated the applicant's permanent disability using the 1997 Permanent Disability Rating Schedule (1997 PDRS). The defendant argued that the 2005 PDRS should apply, and the WCAB agreed that no exception to its use was properly established. The case is returned to the trial level, and parties are relieved of prior stipulations regarding the rating schedules due to intervening precedent in Almaraz and Ogilvie. This will allow for further proceedings considering these new legal interpretations.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that rated the applicant's permanent disability using the 1997 Permanent Disability Rating Schedule (1997 PDRS). The defendant argued that the 2005 PDRS should apply, and the WCAB agreed that no exception to its use was properly established. The case is returned to the trial level, and parties are relieved of prior stipulations regarding the rating schedules due to intervening precedent in Almaraz and Ogilvie. This will allow for further proceedings considering these new legal interpretations.
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