> >
| Case Name | Chang v. WCAB | |
|---|---|---|
| Date | 07/24/2007 | |
| Note | The 'liberality rule,' which is found in section 3202 and obligates the court to liberally construe the workers' compensation law in favor of the injured worker, 'cannot supplant the intent of the Legislature as expressed in a particular statute.' If the Legislature's intent appears from the language and context of the relevant statutory provisions, then [the court] must effectuate that intent, 'even though the particular statutory language 'is contrary to the basic policy of the [workers' compensation law].' | |
| Citation | 153 Cal. App. 4th 750; 63 Cal. Rptr. 3d 219, 72 CC | |
| WCC Citation | WCC 32392007 CA |
Filed 7/24/07 CERTIFIED FOR PUBLICATION COPY IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT RACHEL CHANG, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and STATE COMPENSATION INSURANCE FUND, Respondents. Marks for California Workers' Compensation Institute as Amicus Curiae on behalf of Respondent State Compensation Insurance Fund. FACTS The applicant, Rachel Chang, while employed as a typist by respondent State Compensation Insurance Fund, sustained an industrial cumulative trauma injury to her back and upper extremities during a period ending in July 2004. The schedule is based on new legislation that requires the use of the American Medical Association Guides to the Evaluation of Permanent Impairment (5th ed. )for both the "descriptions and measurements" and the "percentages of impairments" as the basis for a disability award.
Download full case here.
Download full case here.
