Must Be P&S To Have Existence Of PD

Vera v. Workers’ Comp. Appeals Bd. (2007) 154 Cal. App. 4th 996 [72 Cal. Comp. Cases 1115]:  The Fourth District Court of Appeal has quietly dropped a bomb into efforts to trigger the old rating system with a pre-2005 medical report addressing permanent disability.  The court held that for a report to “indicate the existence of PD” and trigger the “old” rating system the employee’s condition must be permanent and stationary.  Based on this report the number of cases falling under the “old” system will be reduced as will the amount of litigation over this issue.

 

Opinion issued by 4th District Court of Appeal August 2, 2007.

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