CompFox AI Summary
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.
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.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.