What the panel ordered
Affirmed February 3, 2009 en banc decision with clarifications and modifications; remanded both cases to WCJ for further proceedings on permanent disability issues.
Decision after reconsideration of en banc decision of February 3, 2009, consolidating two cases for reconsideration and clarifying/modifying prior en banc decision.
This docket was decided more than once. Shown here is the latest released decision; we also hold April 6, 2009, February 3, 2009.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The en banc decision clarifies that the scheduled permanent disability rating under Labor Code section 4660(c) is rebuttable and that the burden of rebuttal rests with the party disputing the rating. The decision affirms the use of AMA Guides as the standard for WPI ratings and rejects reliance on outdated appellate cases or non-AMA Guides based ratings. The case is remanded for further proceedings on permanent disability issues.
From the decision · page 1