Recent Case Law and Legislation
- Ogilvie II
Clarifies the original Ogilvie decision to establish that the PD Rating Schedule is rebuttable, and that one way to rebut the schedule is by
challenging the DFEC using the numeric formula found in the RAND study.
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- Almaraz/Guzman II
Limits the parameters of the original Almaraz/Guzman decision to suggest that a physician can attempt to rebut the
Whole Person Impairment as mandated by the AMA guides, however, the basis for the rebuttal must still be within the four corners of the AMA guides. Thus, a physician may
utilize any chapter, table, or method in the AMA Guides that most accurately reflects the injured employee’s impairment.
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- Lawrence Weiner v. Ralphs Grocery Company
The Appeals Board held that: (1) the repeal of section 139.5 terminated any rights to vocational rehabilitation
benefits or services pursuant to orders or awards that were not final before January 1, 2009; (2) a saving clause was not adopted to protect vocational rehabilitation rights in cases still
pending on or after January 1, 2009; (3) the vocational rehabilitation statutes that were repealed in 2003 do not continue to function as “ghost statutes” on or after January 1, 2009.
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