OGILVIE v. WORKERS' COMP. APPEALS BD.

Nos. A126344, A126427.

197 Cal.App.4th 1262 (2011)

WANDA OGILVIE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CITY AND COUNTY OF SAN FRANCISCO, Respondents. CITY AND COUNTY OF SAN FRANCISCO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and WANDA OGILVIE, Respondents.

Court of Appeals of California, First District, Division Three.

July 29, 2011.


Attorney(s) appearing for the Case

Law Office of Joseph C. Waxman, Joseph C. Waxman ; Gearheart & Otis and Mark E. Gearheart , for Petitioner Wanda Ogilvie.

William A. Herreras for California Applicants' Attorneys Association as Amicus Curiae on behalf of Petitioner Wanda Ogilvie.

Herbert I. Higgins, Jr. , in pro. per., as Amicus Curiae on behalf of Petitioner Wanda Ogilvie.

Dennis J. Herrera , City Attorney, Dyana M. Lechuga , Peter Scherr and Danny Yeh Chou , Deputy City Attorneys, for Petitioner City and County of San Francisco.

David M. Skaggs for Pacific Compensation Insurance Company as Amicus Curiae on behalf of Petitioner City and County of San Francisco.

Vanessa L. Holton , Steven A. McGinty and Jesse N. Rosen for John C. Duncan , Director of Industrial Relations as Amicus Curiae on behalf of Petitioner City and County of San Francisco.

Adam M. Cole , Richard G. Krenz and Christopher Citko for Steve Poizner , California Insurance Commissioner as Amicus Curiae on behalf of Petitioner City and County of San Francisco.

Law Offices of Saul Allweiss and Michael A. Marks , for California Workers' Compensation Institute as Amicus Curiae on behalf of Petitioner City and County of San Francisco.

Finnegan, Marks, Theofel & Desmond and Ellen Sims Langille for California Chamber of Commerce as Amicus Curiae on behalf of Petitioner City and County of San Francisco.

Suzanne Ah-Tye , Patricia Brown Hein , David M. Goi and Christopher S. Chen for State Compensation Insurance Fund as Amicus Curiae on behalf of Petitioner City and County of San Francisco.

Neil P. Sullivan and Vincent Bausano for Respondents.


OPINION

SIGGINS, J.

Labor Code section 4660, subdivision (c)1 provides that the California permanent disability rating schedule (rating schedule) is "prima facie evidence" of the percentage of permanent disability to be attributed to an employee's work-related injury in a workers' compensation case. The core issue presented here is: What showing is required by an employee who contests a scheduled rating on...

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