Almaraz Review Denied

The California Supreme Court has denied review of the Fifth Appellate District's denial of writ of review in State Comp. Ins. Fund v. Workers' Comp. Appeals Bd. (Almaraz) (2011).  This means the Sixth Appellate District's decision in Milipitas Unified School District v. Workers' Comp. Appeals Bd. (Guzman) (2010) is the law of the land.  Simply put, a party can rebut the AMA Guides whole person impairment portion of a permanent disability rating by application of other sections of the Guides.  For further analysis, click here.

With the recent First Appellate decision in Ogilvie rejecting much of the reasoning relied upon by the Guzman Court practitioners are now left to wonder how to reconcile the two approaches.  The only certainty is the complexity and cost of permanent disability assessments has now gone up.

Denial issued August 24, 2011.

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