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Case Name | Snedecor v. WCAB | |
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Date | 08/17/2009 | |
Note | [Unpublished] Since the record supports the WCJ's finding that 2004 treating physician's reports incorporated diagnostic reports, the WCAB's determination that the WCJ relied solely on diagnostic reports to find indication of the existence of permanent disability under section 4660(d) is not supported by substantial evidence. | |
Citation | B209686 | |
WCC Citation | WCC 35552009 CA |
Frank Snedecor, a plumber for the Los Angeles Community College District (District), injured his cervical spine at work on February 20, 2003. Snedecor argues that the WCAB is mistaken that section 4660(d) requires Dr. Schiffman to expressly state that permanent disability exists, and the entire record should have been considered under Genlyte. Snedecor argues that the WCAB similarly applied the 1997 schedule based on permanent disability indicated by whole person impairment due to surgical hip replacement in Rosas School District v. Workers' Comp. Since the WCAB did not reach this issue and has extensive expertise and experience in such highly technical matters of workers' compensation, we conclude that the WCAB should determine the issue on remand. In its opinion, the WCAB rejected the WCJ's reasoning because the District's notice was triggered by the requisite period of time Snedecor was out of work and not by a medical opinion that he was a qualified injured worker.
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