MILPITAS UNIFIED SCHOOL DIST. v. WORKERS' COMP. APPEALS BD.

No. H034853.

187 Cal.App.4th 808 (2010)

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

Court of Appeals of California, Sixth District.

As modified September 1, 2010.


Attorney(s) appearing for the Case

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

Finnegan, Marks, Theofel & Desmond and Ellen Sims Langille for the California Chamber of Commerce as Amicus Curiae on behalf of Petitioner. David M. Skaggs for Pacific Compensation Insurance Company as Amicus Curiae on behalf of Petitioner.

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.

Saul Allweiss and Michael A. Marks for California Workers' Compensation Institute and American Insurance Association as Amici Curiae on behalf of Petitioner.

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

No appearance for Respondent Workers' Compensation Appeals Board.

J. Bruce Sutherland and Carla Spencer for Respondent Joyce Guzman.

Capurro, Rocha & Schmidt and Joseph V. Capurro for California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondents.

David Bryan Leonard for California Society of Industrial Medicine & Surgery, Inc., as Amicus Curiae on behalf of Respondents.


OPINION

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...

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