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The Workers' Compensation Appeals Board granted reconsideration of a prior award because the administrative law judge incorrectly applied the 1997 disability rating schedule. The Board determined that the 2005 schedule should apply to this cumulative injury claim, as no exceptions were met to necessitate the earlier schedule. Therefore, the matter is returned to the trial level for recalculation of permanent disability using the 2005 schedule. The Board also noted a procedural violation by applicant's attorney.
Oliver Winston vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, WASCO STATE PRISON is a workers' compensation case decided in . 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 .
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a prior award because the administrative law judge incorrectly applied the 1997 disability rating schedule. The Board determined that the 2005 schedule should apply to this cumulative injury claim, as no exceptions were met to necessitate the earlier schedule. Therefore, the matter is returned to the trial level for recalculation of permanent disability using the 2005 schedule. The Board also noted a procedural violation by applicant's attorney.
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