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Case Name | Almaraz v. Environmental Recovery Services (II) | |
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Date | 09/03/2009 | |
Note | [En Banc] The language of Labor Code section 4660(c) unambiguously means that a permanent disability rating established by the Schedule is rebuttable. | |
Citation | ADJ1078163 | |
WCC Citation | WCC 35632009 CA |
WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. ADJ1078163 (BAK 0145426) OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) MARIO ALMARAZ, Applicant, vs. ENVIRONMENTAL RECOVERY SERVICES (a. k. a. ENVIROSERVE); and STATE COMPENSATION INSURANCE FUND, Defendant(s). BACKGROUND In the Almaraz case, applicant sustained a November 5, 2004 back injury, while employed as a truck driver. We granted reconsideration in both the Almaraz and Guzman cases and consolidated them for our February 3, 2009 en banc decision. In both Almaraz and Guzman, we invited any interested person or entity to file and serve an amicus curiae brief by May 1. For the foregoing reasons, IT IS ORDERED, as the Decision After Reconsideration of the Workers' Compensation Appeals Board (en banc) in Almaraz v. Environmental Recovery Services, Case No. ADJ1078163 (BAK 0145426), that the Findings of Fact and Award of April 23, 2008 is AMENDED such that Findings of Fact Nos.
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