LyngsoGarden Materials v. WCAB
The Workers Compensation Appeals Board (Board) issued an order denying reconsideration of a decision by a workers compensation Judge (WCJ) awarding Vincente Ruiz permanent disability based on the 1997 rating schedule that was in effect on the date of his injury in 2004. Ruizs employer, Lyngso Garden Materials, Inc., and its workers compensation carrier, Travelers Indemnity Company of Connecticut (collectively, Lyngso), argue that the Board should have applied the new permanent disability rating schedule that went into effect on January 1, 2005. (Lab. Code, 4660, subdivision (d).) Court agree and annul that portion of the award.
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