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In this issue..

Tenet/Doctors Medical Center
v WCAB, Reddrick

Vol. XIV No.

April 2008

COMPENSATION

NEWS

MONTHLY REPORT

Court of Appeal addresses whether the
old schedule can be used if not P&S

This is an appellate
decision that was not
published.

his is a significant
decision involving
interpretation of Labor

Code section 4660,

subdivision (d).

The applicant had an

industrial injury and received
temporary disability from May
2003 through June 2005. In
October 2004, the applicant was
seen by a physician that indicated
that the applicant was permanent
and stationary absent surgery.
The applicant had surgery and
was not declared permanent and

stationary until May 21, 2005.

The case went to trial over

which permanent disability
schedule was appropriate.
Applicant contended the old
schedule was appropriate and the
defendant contended the new
schedule using the American
Medical Association Guides to
the Evaluation of Permanent
Disability was appropriate.

The Workers' Compensation

Judge (WCJ) determined the old
schedule was appropriate based
on the report of October 2004.
The defendant filed a petition for
reconsideration and the Workers'
Compensation Appeals Board
(WCAB) concurred that the
October 2004 report indicated
the existence of permanent
disability. Defendant file a writ
which led to this appellate
decision.

The court reviewed

conflicting appellate decisions.

The court reviewed Genlyte
Group LLC v. WCAB (2008)
(Genlyte) which reached the
same result as this court. They
also reviewed Vera v WCAB
(2007) (Vera) which reached a
contrary result. This court
indicated that a medical-legal
report issued before January 1,
2005 need not state the applicant
is permanent and stationary in
order to trigger the old rating
schedule.

Thus, with the split in

appellate decisions this will likely
be addressed by the California
Supreme Court for final
resolution.

=================

Editor: Harvey Brown
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