CompFox AI Summary
In this workers' compensation case, the Appeals Board affirmed a finding of 100% permanent disability for Terry Lynn Ross, a truck driver injured in 2004. The defendant contested the total disability finding, arguing the wrong rating schedule was applied and medical evidence didn't support the rating. The Board found the 2005 rating schedule was applicable and that medical opinions from multiple physicians, particularly Dr. Salick's, established the applicant's inability to compete in the open labor market, thus supporting the total disability award. The Board also reaffirmed that permanent total disability can be established under Labor Code Section 4662 based on factual inability to work, even if the scheduled rating is less than 100%.
TERRY LYNN ROSS vs. BERNARD & SONS, INC., STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in San Francisco. 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 San Francisco.
Full Decision Text1 Pages
In this workers' compensation case, the Appeals Board affirmed a finding of 100% permanent disability for Terry Lynn Ross, a truck driver injured in 2004. The defendant contested the total disability finding, arguing the wrong rating schedule was applied and medical evidence didn't support the rating. The Board found the 2005 rating schedule was applicable and that medical opinions from multiple physicians, particularly Dr. Salick's, established the applicant's inability to compete in the open labor market, thus supporting the total disability award. The Board also reaffirmed that permanent total disability can be established under Labor Code Section 4662 based on factual inability to work, even if the scheduled rating is less than 100%.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.