HSR Inc. v. WCAB (Mariscal)
Esturberto Mariscal was employed as a construction worker by HSR Inc. when he sustained an admitted injury to his left leg while using a concrete saw on October 21 2004.[1] On December 22, 2004, Mr. Mariscal's treating physician Dr. Genest, issued a "check the box" report in which he purported to "[i]ndicate the existence of a permanent disability."
The crux of this case is whether that "check the box" report was sufficient to bring Mr. Mariscal within the 1997 Permanent Disability Rating Schedule (hereinafter 1997 PDRS) or whether the revised 2005 PDRS should apply to his claim.
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