San Francisco Marriott v. WCAB (Yamat)
The San Francisco Marriott, Permissibly Self-Insured (Marriott), timely petitions for review (Labor Code 5950; 5952)[1]challenging the Opinion and Decision After Reconsideration of the Workers Compensation Appeals Board (Board) concerning respondent, Antonio Yamat (Yamat). It is undisputed that Yamat sustained an industrial injury to his lower back, that he received temporary disability indemnity from June 28, 2004 through October 2005, and that the injury caused permanent disability. No physician had prepared a pre-2005 report indicating the existence of a permanent disability for Yamat.
The Board rated Yamats permanent disability utilizing the 1997 rating schedule, rather than the schedule that went into effect January 1, 2005. In doing so, the Board relied on section 4660, subdivision (d) to hold that the 1997 schedule applies where, as here, payments of temporary disability commenced prior to January 1, 2005. Marriott contends that the Board erred. Court agree.
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