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Case Name | Galt v. WCAB | |
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Date | 09/21/2007 | |
Note | [Unpublished] Because a medical report submitted by the plaintiff did not contain an indication of permanent disability, the 2005 schedule applies. | |
Citation | C055118, SAC327100 | |
WCC Citation | WCC 32602007 CA |
Filed 9/21/07 City of Galt v. WCAB (Ramos) CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8. 1115(b). IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) CITY OF GALT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CONCEPCION RAMOS, Respondents. As we will explain, we agree with petitioner City of Galt (the city) that the WCJ used the wrong schedule. While that petition was pending, the WCAB (sitting en banc) decided Pendergrass v. Duggan Plumbing (2007) 72 Cal. Comp. Cases 95. The three dissenting members of the WCAB concluded that the "plain language" of sections 4061 and 4660(d) required a different result.
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