Hallmark Marketing Corp. v. WCAB and Gannon CA3

Filed 9/21/15 Hallmark Marketing Corp. v. WCAB and Gannon CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

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HALLMARK MARKETING C077512 CORPORATION et al., (WCAB No. ADJ3296187) Petitioners,

v.

WORKERS’ COMPENSATION APPEALS

BOARD and CAROL ANN GANNON,

Respondents.

In this workers’ compensation writ of review proceeding involving the 1997 disability rating schedule, the workers’ compensation judge (WCJ) disagreed with the disability evaluation unit (DEU) rater’s conclusion that an industrial injury that limits the employee-applicant to working only from home is necessarily 100% permanent disability (termed a “sheltered workshop” or “sheltered workplace” by the DEU rater). The WCJ, instead, applied the following legal standard: An injured employee is 100%…