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| Case Name | Almaraz vs. Environmental Recovery Services (SCIF); Guzman vs. Milpitas Unified School Dist (Keenan) | |
|---|---|---|
| Date | 02/03/2009 | |
| Note | (1) the AMA Guides portion of the 2005 Schedule is rebuttable; (2) the AMA Guides portion of the 2005 Schedule is rebutted by showing that an impairment rating based on the AMA Guides would result in a permanent disability award that would be inequitable, disproportionate, and not a fair and accurate measure of the employees permanent disability; and (3) when an impairment rating based on the AMA Guides has been rebutted, the WCAB may make an impairment determination that considers medical opinions that are not based or are only partially based on the AMA Guides. | |
| Citation | ADJ1078163 (BAK 0145426); ADJ3341185 (SJO 0254688) | |
| WCC Citation | WCC 34892009 CA |
OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) ===================== Case No. ADJ3341185 (SJO 0254688) JOYCE GUZMAN, Applicant, vs. MILPITAS UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured; and KEENAN & ASSOCIATES, Adjusting Agent, Defendant(s). The Almaraz Case Applicant, Mario Almaraz, sustained an admitted industrial injury to his back on November 5, 2004, while employed as a truck driver by Environmental Recovery Services (a. k. a. Enviroserve), insured by defendant, State Compensation Insurance Fund. The Guzman Case Applicant, Joyce Guzman, sustained an admitted industrial injury to her bilateral upper extremities during a cumulative period ending on April 11, 2005, while employed as a secretary by defendant, the Milpitas Unified School District (adjusted by Keenan & Associates). In accordance with the discussion above, we specifically conclude that the AMA Guides portion of the 2005 Schedule is rebuttable. For the foregoing reasons, IT IS ORDERED that Almaraz v. Environmental Recovery Services, Case No. ADJ1078163 (BAK 0145426), and Guzman v. Milpitas Unified School District, Case No. ADJ3341185 (SJO 0254688), are CONSOLIDATED for the limited purpose of issuing a joint opinion.
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