CompFox AI Summary
This case concerns the applicability of either the 1997 or 2005 Schedule for Rating Permanent Disabilities. The applicant argued a December 2004 treating physician's report indicated permanent disability, thus requiring application of the older 1997 Schedule. The Board denied reconsideration, holding that the physician's report did not state the applicant was permanent and stationary, a necessary condition under Labor Code section 4660(d) and Vera v. Workers' Comp. Appeals Bd. for the 1997 Schedule to apply. Therefore, the 2005 Schedule was correctly applied.
Full Decision Text1 Pages
This case concerns the applicability of either the 1997 or 2005 Schedule for Rating Permanent Disabilities. The applicant argued a December 2004 treating physician's report indicated permanent disability, thus requiring application of the older 1997 Schedule. The Board denied reconsideration, holding that the physician's report did not state the applicant was permanent and stationary, a necessary condition under Labor Code section 4660(d) and Vera v. Workers' Comp. Appeals Bd. for the 1997 Schedule to apply. Therefore, the 2005 Schedule was correctly applied.
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