What the panel ordered
Petition for Reconsideration granted to correct clerical error in permanent disability award; decision of August 24, 2023 affirmed as amended.
Petition for Reconsideration granted to amend the permanent disability award section; medical-legal procedure challenge denied; WCJ report adopted and incorporated.
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 Board found that for injuries claimed prior to January 1, 2005, the medical-legal procedure under former section 4062 applies, not section 4062.2, and admitted applicant's medical evidence obtained under former section 4062.
From the decision · page 1In addition to the discussion set forth in the WCJ's September 22, 2023 Report and Recommendation on Defendant's Petition for Reconsideration (Report), we observe the following. Applicant alleges injury from June 9, 1977 through June 20, 1979, and has obtained medical reporting pursuant to former section 4062. (Report, at pp. 2-3.) Defendant avers that because the medical reporting offered into evidence by applicant was not obtained pursuant to Labor Code section 4062.2, the reporting is inadmissible in these proceedings, and that the WCJ erred in relying on applicant's reporting. (Petition for Reconsideration (Petition), at p. 16.) Defendant avers that the Court of Appeal decisions in Nunez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 584 [71 Cal.Comp.Cases 161] (Nunez) and its companion case, Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, [71 Cal.Comp.Cases 155] (Cortez), stand for the proposition that