ZENITH INSURANCE v. WORKERS' COMPENSATION APPEALS BOARD
Based on the plain language of Labor Code Sec. 4061(a), which provides for notice of permanent disability indemnity "[t]ogether with the last payment of temporary disability indemnity," injured worker who received his last payment of temporary disability indemnity in 2005 was subject to new Schedule For Rating Permanent Disabilities, pursuant to provision of Senate Bill 899 applying new schedule to prior injuries "when the employer is not required to provide the notice required by Section 4061 to the injured worker." In determining whether a medical-legal report or treating physician report rendered prior to Jan. 1, 2005 is substantial evidence "indicating the existence of permanent disability" under Sec. 4660(d), so that degree of permanent disability would be rated under the old schedule, WCAB must look to the entire record. Injured worker's condition need not be permanent and stationary for comprehensive medical legal or treating physician report to indicate the existence of permanent disability.
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