In this issue..
Zenith Insurance v WCAB
(Watts)
Vol. XIII No.
IX
September 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 not
published
T
his is a significant
decision from the First
Appellate district.
The applicant had suffered a
cumulative trauma injury to her
foot during the course of her
employment. The applicant saw a
Qualified Medical Examiner
(QME) in August 2004. The
QME did not believe the
applicant was permanent and
stationary. The QME offered no
opinion as to whether the
applicant would suffer permanent
disability.
The applicant remained
temporarily disability until
declared permanent and
stationary August 16, 2005.
Applicant contended the 1997
rating schedule for rating
permanent disability should be
applied in this case. The
defendant contended that the
2005 schedule was mandatory. A
trial was held on this issue. The
Workers' Compensation Judge
(WCJ) found the 1997 schedule
applicable. The defendant
appealed and the Workers'
Compensation Appeals Board
(WCAB) affirmed the judges
decision. The defendant then filed
this writ.
This appellate court reviewed
Labor Code 4660 (d). They
reviewed the notice requirement
Labor Code section 4061.
The appellate court then
reviewed Costco Wholesale
Corp. V. WCAB (2007).
The court then reversed the
WCAB and the WCJ saying that
the 2005 schedule applied.
This is now a series of cases
that find this way. See my prior
newsletters as well as San
Francisco Marriott v. WCAB
(Yamut)
=================
Editor: Harvey Brown
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
Click here for printable version