MILPITAS UNIFIED SCHOOL DISTRICT v. WORKERS' COMPENSATION APPEALS BOARD

No. H034853.

MILPITAS UNIFIED SCHOOL DISTRICT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JOYCE GUZMAN, Respondents.

Court of Appeals of California, Sixth District.

Certified for Publication


Attorney(s) appearing for the Case

Bradford & Barthel, Donald R. Barthel and Louis A. Larres, Attorneys for Petitioner.

Finnegan, Marks, Theofel & Desmond and Ellen Sims Langille, for the California Chamber of Commerce; David M. Skaggs, for Pacific Compensation Insurance Company; Vanessa L. Holton, Chief Counsel, Steven A. McGinty, Asst. Chief Counsel, Jesse N. Rosen, Staff Counsel, for John C. Duncan, Director of Industrial Relations; Saul Allweiss and Michael A. Marks for California Workers' Compensation Institute and American Insurance Association; Adam M. Cole, General Counsel, Richard G. Krenz, Asst. Chief Counsel, Christopher Citko, Senior Staff Counsel, for Steve Poizner, California Insurance Commissioner, Attorneys for Amici Curiae In support of Petitioner.

J. Bruce Sutherland and Carla Spencer, Attorneys for Respondent.

Capurro, Rocha & Schmidt and Joseph V. Capurro, for California Applicants' Attorneys Association; David Bryan Leonard for California Society of Industrial Medicine & Surgery, Inc., Attorneys for Amici Curiae In Support of Respondent.


ELIA, J.

In this original proceeding the Milpitas Unified School District (District) challenges a decision of the Workers' Compensation Appeals Board (WCAB or Board) applying Labor Code section 46601 to the disability evaluation of a District employee. The Board ruled that (1) an employee's impairment may be determined by reference to any applicable portion of the American Medical Association's Guides to the Evaluation of Permanent...

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