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| Case Name | Muraoka vs. WCAB | |
|---|---|---|
| Date | 04/28/2009 | |
| Note | [Unpublished] Board did not consider the entire medical record prior to 2005 to determine whether substantial medical evidence supported application of the 1997 PDRS, and that had it done so, it would have found the 1997 PDRS applicable. | |
| Citation | B210073 | |
| WCC Citation | WCC 35182009 CA |
The WCJ relied upon the July 24, 2006 report of Dr. Nagelberg to find Muraoka was permanent and stationary on July 13, 2006. Muraoka filed a Petition for Reconsideration, contending that the 1997 PDRS applied. Applying that standard, the dissent concluded that substantial evidence, including a December 2003 report of Dr. Nagelberg, substantiated his conclusion that Muraoka had sustained permanent disability. The entire medical record provides substantial evidence supporting Dr. Nagelberg's conclusion that Muraoka sustained permanent disability prior to 2005. Those records provided the history of treatment that Muraoka received in 2003 at Kaiser and at Western Hand Center.
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