eNews - Feburary 15, 2008
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Court Rules for Injured Workers With Permanent Disabilities
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In what may be the beginning of a new trend, a California Court of Appeals has ruled in favor of injured workers in two significant cases.
On Jan. 29, the Second Court of Appeals ruled in Zenith Insurance Co. v. WCAB (Cugini) that a worker's permanent disability could be rated under the previous law if there was "substantial evidence" of permanent disability before January 2005. The same court issued a similar ruling in Zavala v. Genlyte Group three weeks earlier.
Another Court of Appeals previously ruled that a worker's condition had to be found "permanent and stationary" before January 2005 to avoid being rated under Gov. Arnold Schwarzenegger's 2004 law.
"The Zavala and Cugini decisions will benefit many workers who would have otherwise been rated under the less equitable and hotly litigated new permanent disability schedule," said attorney Richard Felton. "Ratings under the new law are as much as two-thirds lower than the old law."
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