In this issue..
Energetic Painting and
Drywall v WCAB
Vol. XIII No.
VIII
August 2007
COMPENSATION
NEWS
MONTHLY REPORT
Court of Appeal agrees with Costco
decision in regard to PD rating schedule
This is an appellate
decision that was
published
T
his is a significant
decision from the Third
Appellate district.
The applicant had an
admitted injury to his neck and
back in July of 2004. The
applicant was paid temporary
disability from July 13, 2004
through March 24, 2005.
At the time of trial the
applicant contended that the
1997 schedule for rating
permanent disabilities should be
used for determining permanent
disability. The defendants
contended that the 2005 schedule
should be used. The Workers'
Compensation Judge (WCJ)
determined the correct schedule
was the 1997 schedule.
Defendants petitioned for
reconsideration. The Workers'
Compensation Appeals Board
(WCAB) denied the petition for
reconsideration. The defendants
filed this writ.
The appellate court reviewed
Labor Code section 4660, subd.
(B)(2) in regards to the effective
date of the new rating schedule.
The schedule went into effect on
January 1, 2005. The appellate
court also evaluated when Labor
Code section 4061 notice was to
be given.
The court then reviewed
Pendergrass v. Dugan Plumbing 1
and then Pendergrass v. Dugan
Plumbing 2. It then looked at
Costco Wholesale Corp. v.
WCAB and agreed with the
Costco court that an employer "is
required" to give notice under
section 4061 within the meaning
of 4660(d) when the employer
makes the last payment of
temporary disability, not when
the payments commence.
This court agreed with the
Costo court's interpretation of
section 4660 (d) and indicated
the 2005 schedule should apply,
not the 1997 schedule. The
appellate court remanded to the
WCAB for further action.
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