In this issue..
Aidi v Carr, McClennan.
Vol. XII No. VII
July 2006
COMPENSATION
NEWS
MONTHLY REPORT
Applicability of permanent disability
rating schedule after January 1, 2005
This is an en banc
panel decision
T
his newsletter does not
normally report on
panel decisions.
However, this case has some
significance.
In this case the parties
stipulated to a cumulative trauma
injury to the applicant ending
November 18,2002, at a hearing
on January 6, 2006, before a
Workers' compensation Judge
(WCJ).
The single issue to be decided
was "Whether the permanent
disability rating schedule adopted
by the Administrative Director of
the Division of Workers'
Compensation as of January 1,
2005 is applicable to the injury in
this case or whether the rating
schedule in effect prior to January
1, 2005 is applicable.
The WCJ found that the
schedule only applies to injuries
after January 1, 2005. Defendant
filed a petition for
reconsideration.
The Workers' compensation
Appeals Board (WCAB) issued
this en banc decision. They held
that under Labor Code section
4660 (d) the revised permanent
disability rating schedule applied
to injuries arising on or after
January 1, 2005.
The prior rating schedule only
applies to injuries prior to
January 1, 2005 where one of the
exceptions described in the third
sentence of section 4660 (d) has
been established.
In this case it was not
determined whether there was an
exception. Therefore, the case
was remanded to the WCJ.
The new rating schedule will
apply unless the applicant can
prove that an exception under
Labor Code section 4660 ( d) is
applicable. Be sure to review this
section on every case with a date
of injury prior to January 1,
2005, to see if an exception is
applicable.
=================
Editor: Harvey Brown
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 252-1300
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