In an unpublished decision, the First District Court of Appeal reviewed just how tricky applicant attorneys can get in trying to fit their case within the "pre-2005" rating schedule.
This case involved a 2004 injury. While the worker was still temporarily disabled, and prior to January 2005, the worker's attorney quickly whipped out a form letter for the treater to sign, indicating that PD was probable.
The exact language of the form read: "I believe permanent disability is within reasonable medical probability emanating from this injury."
The doctor signed it and the worker was declared P&S after January 1, 2005. At trial the WCJ agreed with the worker that that this single-sentence 2004 "report" -- read in light of subsequent reports -- was sufficient to rate the disability under the old rating schedule. The WCAB agreed.
The Court of Appeal said not so fast. It took a closer look at exactly what that single sentence was "read in light of." It found that this sentence was relatively worthless when the subsequent reports it cited actually had made no mention of possible permanent disability, or for that matter, a prognosis at all!
In fact, the first report to make any such mention was dated after January 2005.
As such, the Court ruled that the WCAB's decision was not supported by substantial evidence and the decision to use the 1997 rating schedule was annulled.
To read the full opinion,
PLEASE CLICK HERE.*
- Help for the Injured Worker
