CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of a decision that applied the 1997 permanent disability schedule to applicant Sean Quinlivan's injury. The Board found that the applicant's treating physician's report from November 2004, identifying the applicant as a Qualified Injured Worker, constituted evidence of permanent disability before January 1, 2005, thereby triggering the exception to the 2005 schedule's application. The Board also upheld the admission of this report and a defendant's letter into evidence, as they were in the defendant's possession prior to discovery closing.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of a decision that applied the 1997 permanent disability schedule to applicant Sean Quinlivan's injury. The Board found that the applicant's treating physician's report from November 2004, identifying the applicant as a Qualified Injured Worker, constituted evidence of permanent disability before January 1, 2005, thereby triggering the exception to the 2005 schedule's application. The Board also upheld the admission of this report and a defendant's letter into evidence, as they were in the defendant's possession prior to discovery closing.
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