Fear Not Law Articles: STATE COMPENSATION INSURANCE FUND v. WORKERS' COMPENSATION APPEALS BOARD and JOS

Filed 1/5/07 (publication order 1/22/07; see end of opn

STATE COMPENSATION INSURANCE FUND v. WORKERS' COMPENSATION APPEALS BOARD and JOSE C. ECHEVERRIA

Filed 1/5/07 (publication order 1/22/07; see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

STATE COMPENSATION INSURANCE FUND,

Petitioner,

WORKERS' COMPENSATION APPEALS BOARD and JOSE C. ECHEVERRIA,

Respondents.

A114505

(WCAB No. SRO 131702)

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. Echeverria. 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 awards. As amended effective April 19, 2004, the section requires regular revisions in the rating schedule and, as relevant here, provides generally that â€

Description	Current schedule for rating permanent disabilities, which took effect Jan. 1, 2005, must be applied to an injury occurring prior to that date where physician's conclusion that "permanent disability is within reasonable medical probability emanating from this injury" was unsupported by any of the medical reports submitted prior that date.
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