CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award that applied the 1997 Permanent Disability Rating Schedule (PDRS). The Board ruled that the 2005 PDRS must be used for applicant's December 6, 2004 injury because no pre-2005 medical report indicated permanent disability, and no other statutory exception applied. The plain language of Labor Code section 4660 mandates the 2005 PDRS unless specific exceptions are met. The case was returned to the trial level for proceedings and a new decision utilizing the 2005 PDRS.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award that applied the 1997 Permanent Disability Rating Schedule (PDRS). The Board ruled that the 2005 PDRS must be used for applicant's December 6, 2004 injury because no pre-2005 medical report indicated permanent disability, and no other statutory exception applied. The plain language of Labor Code section 4660 mandates the 2005 PDRS unless specific exceptions are met. The case was returned to the trial level for proceedings and a new decision utilizing the 2005 PDRS.
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