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Case Name | Payless Shoe Source v. WCAB | |
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Date | 07/08/2008 | |
Note | [Unpublished] The WCAB must determine whether a report of a treating physician indicated the existence of permanent disability, thereby warranting the use of the 1997 PDRS. If the record is void of such evidence prepared before January 1, 2005, then Dalerio's permanent disability must be rated under the 2005 PDRS pursuant to section 4660, subdivision (d). | |
Citation | F053612 | |
WCC Citation | WCC 33932008 CA |
Filed 7/8/08 Payless Shoe Source v. WCAB CA5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 FIFTH APPELLATE DISTRICT PAYLESS SHOE SOURCE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and RHONDA DALERIO, Respondents. -ooOoo- *Before Levy, Acting P. J. , Gomes, J. , and Hill, J. Payless Shoe Source (Payless) petitioned this court for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). BACKGROUND Rhonda Dalerio worked as a sales and stock clerk for a Payless shoe store in Oakhurst from October 25, 1999, through August 16, 2003. Based on the documentary evidence, the WCJ concluded only the injuries already accepted by Payless were industrially related and awarded her further related medical care.
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