Home/Case Law/ERICKA RIOS vs. SANTA PAULA COMMUNITY HOSPITAL, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

ERICKA RIOS vs. SANTA PAULA COMMUNITY HOSPITAL, STATE COMPENSATION INSURANCE FUND

Filed: Dec 21, 2007
Oxnard
OXN 0134757

CompFox AI Summary

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that applied the revised permanent disability rating schedule to her claim. The WCAB denied reconsideration, affirming the WCJ's finding that the revised schedule applied because the employer did not have a duty to issue a Labor Code §4061 notice until the last payment of temporary disability benefits was made, which occurred after January 1, 2005. Therefore, the applicant's argument that the prior rating schedule should apply due to a perceived premature §4061 notice obligation was rejected.

Full Decision Text1 Pages

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that applied the revised permanent disability rating schedule to her claim. The WCAB denied reconsideration, affirming the WCJ's finding that the revised schedule applied because the employer did not have a duty to issue a Labor Code §4061 notice until the last payment of temporary disability benefits was made, which occurred after January 1, 2005. Therefore, the applicant's argument that the prior rating schedule should apply due to a perceived premature §4061 notice obligation was rejected.

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ERICKA RIOS vs. SANTA PAULA COMMUNITY HOSPITAL, STATE COMPENSATION INSURANCE FUND (2007) – Oxnard | CompFox