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Case Name | Vargas vs. Atascadero State Hospital | |
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Date | 04/11/2006 | |
Note | SB 899 apportionment rules apply to reopened cases seeking increased permanent disability regardless of date of injury. | |
Citation | 71 CCC 500 (2006) | |
WCC Citation | WCC 31552006 CA |
Myrtle Vargas, Applicant v. Atascadero State Hospital, Legally Uninsured, State Compensation Insurance Fund (Adjusting Agent), Defendants W. C. A. B. No. GRO 0016640 WCJ Bruce M. Lang (GRO) WCAB En Banc: Chairman Miller, Commissioners O'Brien, Cuneo, Murray, Brass, Rabine (concurring), Caplane (concurring) Workers' Compensation Appeals Board (en banc) Opinion Filed April 11, 2006 Disposition: Applicant's Petition for Removal is denied. Thus, the recommended rating of 71% was based on the neck and left upper extremity disability. Applicant filed a Declaration of Readiness to Proceed (DOR), and the petition to reopen proceeded to hearing on March 2, 2004. On April 15, the District Office served notice of hearing for cross-examination of the rater set for May 20, 2004. Defendant, State Compensation Insurance Fund (SCIF), then filed a response.
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