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Case Name Virginia Surety Co. v. WCAB (Echelard)
Date 08/22/2008
Note Under the WCAB's reasoning and Dr. Thomas's medical reporting, we agree the record supports an indication of permanent disability permitting the use of the 1997 PDRS. Accordingly, we will not disturb the WCAB's decision.
Citation F055253
WCC Citation WCC 34142008 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT VIRGINIA SURETY COMPANY et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and JASON ECHELARD, Respondents. -ooOoo- Before Ardaiz, P. J. , Cornell, J. , and Kane, J. Virginia Surety Company (Virginia Surety) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB) contending the WCAB applied the incorrect Schedule for Rating Permanent Disabilities (PDRS -- *fn1). California Quality Interiors's insurer for workers' compensation purposes, Virginia Surety, admitted the accident arose out of and in the course of Echelard's employment causing injury to his thoracic spine, right wrist, and right elbow. Virginia Surety petitioned the WCAB for reconsideration contending Echelard's disability should have been rated under the 2005 PDRS because there was no medical determination before 2005 finding Echelard permanent and stationary. Virginia Surety, however, offers no legal support for its proposition that a pre-2005 medical report may only be considered within its four corners.

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