Check out these recent panel decisions that we're considering for the LexisNexis database:  

 

Permanent Disability Rating; Diminished Future Earning Capacity. WCJ failed to fully analyze issues outlined in Ogilvie I and Ogilvie II, such as applicant's ability, willingness and opportunity to work, did not discuss period used to calculate applicant's post-injury earnings and earning loss, and provided no explanation regarding why the type of evidence outlined in Ogilvie was not utilized in calculating permanent disability. Read Noriega-Garcia panel decision.

 

Permanent Disability Rating; Diminished Future Earning Capacity. Applicant did not successfully rebut DFEC adjustment factor in 2005 Schedule pursuant to Ogilvie II, when applicant's testimony regarding his lost earning capacity alone, without corroborating evidence, did not constitute substantial evidence to rebut scheduled DFEC factor. Read Ochoa panel decision.

 

Medical Provider Networks; Liability for Treatment Outside Network. Applicant was entitled to treat outside defendant's medical provider network at his own expense under Labor Code § 4605 and that reports of his treating physician were admissible under Labor Code § 5703(a). Read Guerrero panel decision.

 

Evidence; Admissibility; Chiropractic Reports. Report of panel qualified medical evaluator/chiropractor was admissible with regard to applicant's claims of injury to shoulders, psyche, wrists and in form of sleep disorder; defendant failed to show any need for PQME to disclose his interests in sleep study program as he did not refer applicant to any entity with which he had a financial relationship; PQME acted within scope of a duly licensed chiropractor. Read Ford panel decision.

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