WCAB Issues New Opinions in Ogivlie, Almaraz (California) (C

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WCAB Issues New Opinions in Ogivlie, Almaraz (California) (C

Postby remccarthy on Thu Sep 03, 2009 2:05 pm

State: California
BREAKING NEWS: Thursday, 9/3/09

The Workers' Compensation Appeals Board issued new decisions in Alamaraz/Guzman and Ogilvie cases this afternoon.

In short, the WCAB clarified its prior opinion in the Almaraz/Guzman case, but clarified and modified its earlier decision in Ogilvie. In the new Ogilvie opinion, the WCAB specifically rejected the "inequitable, disproportionate, and not a fair and accurate measure of the employee's permanent disability" standard that was stated in the WCAB's en banc decision from Feb. 3.

WorkCompCentral will have a full report on both decisions in Friday's edition.

To view the decisions, go here: http://www.dir.ca.gov/wcab/wcab_enbanc.htm
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Re: WCAB Issues New Opinions in Ogivlie, Almaraz (California) (C

Postby vampireinthenight on Thu Sep 03, 2009 3:31 pm

Reading through Almaraz, it seems odd that they specifically state the WCJ shall look at both WPIs and find whether the Schedule has been rebutted. I think we all know where the rebuttal evidence is going to come from. Upon what else shall a judge rely? Although the schedule is within the purview of a WCJ, they cannot make a medical determination... Hmmm.
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