Debbie Diaz vs. K-MART, Self-Insured, SEDGWICK CLAIMS MANAGEMENT, Claims Administrator

This case concerns the applicable permanent disability rating schedule for an injury that occurred on May 30, 2004. The Workers' Compensation Appeals Board found that the applicant's physician's report, dictated in December 2004 and indicating probable permanent disability, triggered an exception to the 2005 Schedule. Therefore, the 1997 Schedule must be used for rating the applicant's permanent disability.