BARRETT BUSINESS SERVICES, INC., Permissibly Self-Insured, ARMANDO AVILA-GONZALEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARMANDO AVILA-GONZALEZ, Applicant,vs.BARRETT BUSINESS SERVICES, INC.,Permissibly Self-Insured, Defendants.Case No. ADJ2140586 (OAK 0316079)OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration to allow time to study the factual and legal issues raised. This is our decision after reconsideration. In the April 28, 2009 decision challenged by defendant, the workers’ compensation administrative law judge (WCJ) found good cause existed to reopen his Findings and Award served November 8, 2007 (dated November 5, 2007). The WCJ further found that the 1997 Permanent Disability Rating Schedule (1997 PDRS) applied to applicant’s permanent disability. The WCJ based his conclusion on the supposed change of law since the decision in Vera v. Workers’ Comp. Appeals Board (2007) 154 Cal.App.4th 996 [72 Cal.Comp.Cases 1115]. The WCJ also interpreted the November 16, 2004 report of Scott M. Taylor, M.D. as showing that applicant had permanent disability consisting of a partial loss of range of motion in his right knee that had “plateaued,” which the WCJ interpreted as indicating a permanent condition. Defendant contends that (1) good cause is lacking to reopen since there has been no intervening or contemporaneous change in the law justifying reopening; and (2) evidence does not 1’In his decision of November 8, 2007, the WCJ had found that the 2005 Permanent Disability Rating Schedule applied because applicant’s condition did not become permanent and stationary prior to January 1, 2005. , support applying the 1997 PDRS. Applicant filed an answer to defendant’s petition. In his report and recommendation on defendant’s petition, the WCJ recommends that it be denied for reason stated in the report. We will reverse the decision of the WCJ for reason
Armando Avila-gonzalez, vs. Barrett Business Services, Inc., Permissibly Self-insured,
(OAK 0316079) is a case in which the Workers' Compensation Appeals Board reversed the decision of the Workers' Compensation Administrative Law Judge, who had found good cause to reopen a case and to rescind, alter, or amend the original decision when a petition to reopen had been filed within five years of the date of injury. The Appeals Board found that there had been no change in the law since the decision in Vera v. Workers' Comp. Appeals Board (2007) 154 Cal.App.4th 996 [72 Cal.Comp.Cases 1115], and that the evidence did not support applying the 1997 Permanent Disability Rating Schedule. The Appeals Board ordered that the applicant take nothing by reason of his petition to reopen.
- Filed On:
- Court: California, Oakland
- Case No. ADJ2140586
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