California Court of Appeal
Lewis v. Workers' Comp. Appeals Bd., C057392
In a worker's compensation issue concerning whether the 2005 Permanent Disability Rating Schedule (2005 Schedule) or the previous 1997 Permanent Disability Rating Schedule (1997 Schedule) applied to the determination of plaintiff-employee's permanent disability, decision by defendant-appeals board finding that the 2005 Schedule applied is annulled and the matter is remanded where: 1) in accordance with legal precedence, an injured worker's condition need not be permanent and stationary for the section 4660(d) comprehensive medical-legal report or treating physician's report to indicate the existence of permanent disability; and 2) if the existence of a permanent disability was indicated in the doctor's treating physician's report of December 17, 2004, in light of the entire record, then the 1997 Schedule applied.
Appellate Information
- Decided 11/21/2008
- Published 11/21/2008
Judges
- DAVIS, Acting P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Marcus & Regalado and Marc G. Marcus for Petitioner.
- For Appellees:
- Adelson, Testan, Brundo & Jimenez and Juli Solomon, Sacramento, for Respondent Arch Insurance., No appearance for Respondents Workers' Compensation Appeals Board or Beutler Heating & Air Conditioning.