CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for a new decision. The applicant argued the WCJ erred in applying the 2005 permanent disability schedule to a 2004 injury. The Board found that the treating surgeon's operative report, combined with the Agreed Medical Evaluator's testimony, constituted substantial evidence of a pre-2005 indication of permanent disability. Therefore, the case must be rated under the 1997 Permanent Disability Schedule.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for a new decision. The applicant argued the WCJ erred in applying the 2005 permanent disability schedule to a 2004 injury. The Board found that the treating surgeon's operative report, combined with the Agreed Medical Evaluator's testimony, constituted substantial evidence of a pre-2005 indication of permanent disability. Therefore, the case must be rated under the 1997 Permanent Disability Schedule.
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