> >
| Case Name | Avila-Gonzalez v. Workers' Compensation Appeals Board | |
|---|---|---|
| Date | 10/07/2010 | |
| Note | Faced with conflicting case law about what needs to be present in a doctor's report for the 1997 Permanent Disability Rating Schedule to apply, the 1st District Court of Appeal on Thursday sided with the Genlyte decision and remanded back to the Workers' Compensation Appeals Board for a decision about whether a medical report written before 2005 stated that the applicant was permanently disabled. | |
| Citation | A126429 | |
| WCC Citation | WCC 36762010 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO No. A126429 October 7, 2010 ARMANDO AVILA-GONZALEZ, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND BARRETT BUSINESS SERVICES, INC. , RESPONDENTS. This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. Petitioner Armando Avila-Gonzalez petitions for review of an order by a divided panel of the Workers' Compensation Appeals Board (Board). In many instances, the 2005 PDRS reduces the amount of compensation a worker will receive for a permanent disability. In its opinion, the Board also stated that Dr. Taylor's November 2004 report was "not an indication of permanent disability. "If so, the Board should apply the 1997 PDRS; if not, the Board should apply the 2005 PDRS.
Download full case here.
Download full case here.
