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The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for a new decision.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.
LUIS ALVAREZ vs. CONTROLLED CLIMATE CONSTRUCTION, INC., STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
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The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for a new decision.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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