John Bredfeldt Nov 3, 2016 a 2:58 pm PDT

The finding of the San Diego trial Judge was that, for the dates of injury (2000 and 2001) AND a pre Jan. 1, 2005 report indicating permanent disability to require application of the old schedule, the report had to be substantial evidence. The report issued in 2004 was supplemental and NOT subject to a concurrent evaluation of the worker and was not followed by the trial Judge for that reason. Thus, as she stipulated to a P&S date in 2007, the new schedule applied.

Unfortunately, the case was not designated a significant panel decision at the recon level, and no appellate opinion issued specifically on the above question as the case went up through the various appellate venues. But, defendant will take the applicant's four petitions that were "denied" as a win and not complain about that at this point.

Key lessons here: patience and tenacity more often than not will prevail.


Bredfeldt, Odukoya & Suarez LLP
by Jon A. Steelman, Attorney at Law
Trial attorney for defendant CNA in the Kozak case