CompFox AI Summary
The Appeals Board granted reconsideration, overturning the WCJ's decision to apply the old permanent disability rating schedule. The Board found that the presence of multiple fractures alone did not constitute a report indicating permanent disability under Labor Code section 4660(d), thus the new 2005 Schedule must apply. The case is returned to the trial level for a new rating and decision regarding permanent disability and attorney's fees.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, overturning the WCJ's decision to apply the old permanent disability rating schedule. The Board found that the presence of multiple fractures alone did not constitute a report indicating permanent disability under Labor Code section 4660(d), thus the new 2005 Schedule must apply. The case is returned to the trial level for a new rating and decision regarding permanent disability and attorney's fees.
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