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Case Name Wayne Lewis v. Workers' Compensation Appeals Board
Date 11/21/2008
Note A physician's report stating that an applicant cannot return to his regular job duties and may need vocational rehabilitation indicates the existence of permanent disability and triggers use of the 1997 Permanent Disability Rating Schedule instead of the version adopted in 2005.
Citation C057392
WCC Citation WCC 34642008 CA
Lewis v. Workers' Compensation Appeals Board, 168 Cal. App. 4th 696, 85 Cal. Rptr. 3d 661 (Cal. App. Dist. 3 11/21/2008) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) No. C057392 November 21, 2008 WAYNE LEWIS, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD, BEUTLER HEATING AND AIR CONDITIONING, ET AL. ; RESPONDENTS. No appearance for Respondents Workers' Compensation Appeals Board or Beutler Heating & Air Conditioning. CERTIFIED FOR PUBLICATION As part of its 2004 comprehensive reform of the workers' compensation laws, the Legislature adopted a new schedule for rating permanent disability. B ACKGROUND Wayne Lewis suffered an admitted injury to his low back on August 18, 2004, while working for Beutler Heating and Air Conditioning. It is undisputed that Lewis also had a prior back injury treated by lumbar fusion surgery.

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