Washington Mutual Bank v. WCAB (Helm)
Washington Mutual Bank (Washington Mutual) timely petitions for review (Lab. Code 5950 & 5952)[1] of the order and opinion denying reconsideration of the Workers Compensation Appeals Board (Board) which affirmed an award to respondent, Judy Helm.[2] There is no dispute that worker, Judy Helm, sustained compensable injury to her right wrist, right shoulder, neck and back, during the period February 29, 2000 to May 2, 2000. The sole issue is Washington Mutuals contention that the award was improperly calculated using the 1997 schedule for rating permanent disabilities, in effect prior to January 1, 2005. We conclude that the Board should have used the new schedule that went into effect on January 1, 2005. The portion of the decision and opinion after reconsideration applying the 1997 rating schedule to the calculation of permanent disability is annulled. The matter is remanded to the Board for further proceedings consistent with this opinion.
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