Legal Opinion

State Compensation Insurance Fund v. Workers' Compensation Appeals Board

California Court of Appeal

Decided January 5, 2007No. A114505PublishedCited by 7 opinions

1Opinion of the Court

Opinion

SWAGER, J.

The State Compensation Insurance Fund (State Fund) petitions for review (Labor Code, § 5952) 1 of the decision after reconsideration of the Workers’ Compensation Appeals Board (Board) affirming an award to respondent, Jose C. Echeverría. State Fund contends that the award was improperly calculated using the 1997 schedule for rating permanent disabilities (PD schedule) in effect prior to January 1, 2005, rather than the new PD schedule that went into effect on that date. As will be seen, we agree and annul the award.

Section 4660 governs the calculation of permanent disability…

2Cases cited4 opinions

  1. Granado v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1968
  2. Lumbermen's Mutual Casualty Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1946
  3. Braewood Convalescent Hospital v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1983
  4. Rosas v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1993

3Cited by7 opinions

  1. Genlyte Group, LLC v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2008
  2. Costco Wholesale Corp. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2007
  3. Zenith Insurance v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2007
  4. Energetic Painting & Drywall, Inc. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2007
  5. Zenith Insurance v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2008

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