CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding the administrative law judge erred in applying the 1997 disability rating schedule. The applicant sustained a low back injury in 2004, and the central issue is which permanent disability rating schedule applies given the injury date and subsequent medical reports. The Board found that neither the Labor Code section 4061 notice exception nor a clear "indication of permanent disability" exception under the 2005 schedule was definitively met by the October 27, 2004 report. Therefore, the matter is returned to the trial level for further development of the record to determine the correct schedule and rating.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding the administrative law judge erred in applying the 1997 disability rating schedule. The applicant sustained a low back injury in 2004, and the central issue is which permanent disability rating schedule applies given the injury date and subsequent medical reports. The Board found that neither the Labor Code section 4061 notice exception nor a clear "indication of permanent disability" exception under the 2005 schedule was definitively met by the October 27, 2004 report. Therefore, the matter is returned to the trial level for further development of the record to determine the correct schedule and rating.
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