What the panel ordered
The WCAB granted the Petition for Reconsideration, amending the Findings and Order to apply the 1997 Permanent Disability Rating Schedule instead of the 2005 schedule.
Applicant sought reconsideration of the WCJ's Findings and Order issued on November 9, 2022, regarding the applicable Permanent Disability Rating Schedule.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The employer's obligation to provide notice under Labor Code section 4061 arose prior to January 1, 2005, triggering application of the 1997 Permanent Disability Rating Schedule under Labor Code section 4660(d).
From the decision · page 2We briefly review the relevant facts. On October 13, 2022, the matter proceeded to trial on the sole issue of "whether to utilize the old PD schedule rather than the new PD schedule." (Minutes of Hearing and Summary of Evidence, October 13, 2022 trial, p. 2 (MOH/SOE).) All other issues were deferred. (Id.) A benefits printout was admitted as Exhibit A at trial. (MOH/SOE, p. 2, Ex. A, benefits printout, dated February 16, 2022.) Defendant made indemnity payments for total temporary disability for the periods February 17, 2004 through May 10, 2004; October 7, 2004 through December 1, 2004; March 3, 2005 through April 6, 2005; August 4, 2005 through February 23, 2006; and February 25, 2006 through March 14, 2006. (Ex. A, p. 2.) Defendant made indemnity payments for partial temporary disability for the periods from December 2, 2004 through March 2, 2004 and April 7, 2005 through July 14, 2005. (Id.) Defendant made indemnity payments for permanent partial disability from May 11, 2004 through September 13, 2004 and permanent partial disability for the period from March 14, 2006 through December 2, 2009. (Id.) On November 9, 2022, the WCJ issued the F&O, finding as follows: