Tanimura & Antle v. Workers' Compensation Appeals Board
November 21, 2007, publication ordered December 18, 2007, Sixth District
Cite as 2007 SOS 7434

Appellate Court Rejects Worker’s Compensation Adjustment

Avelino Lopez had sustained a workplace injury in September 1, 2004. In January 2006, a specialist examined Lopez and certified that the worker was ‘permanent and stationary’. However, the agreed date for disability payments was March 2006 yet. Lopez wanted to have a larger disability rating and petitioned the Workers’ Compensation Appeals Board (WCAB) to have himself covered under the 1997 Permanent Disability Rating Schedule (PDRS). The issue is whether to whether the permanent disability described in the report should be rated under the 1997 Permanent Disability Rating Schedule (PDRS) or the 2005 PDRS.

On trial, a workers’ compensation judge (WCJ) ruled that the 2005 PDRS applied since 2005 PDRS applies to claims before Janury 1, 2005 except under certain condition which Lopez was unable to meet. These conditions include:

• the filing of a medical certificate signed by a physician


• a comprehensive medical report on his disability

Despite the favorable decision, Lopez petitioned the Workers’ Compensation Appeals Board (WCAB) for a larger percentage permanent disability rating to which he would be entitled under the 1997 PDRS. In a divided ruling, the WCAB granted Lopez petition.

On review, the Sixth Appellate District annulled a decision of the Workers’ Compensation Appeals Board. The court also held:

• that the worker’s 2004 injury can only be applicable for compensation under the 2005 PDRS.


• the court found the WCAB erred in granting a larger permanent disability rating to Lopez and thus, Lopez will be compensated under the 2005 PDRS rating.