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This case concerns the application of the 2005 permanent disability rating schedule (PDRS) over the older 1997 PDRS for an applicant injured in 2004. The applicant argued that exceptions in Labor Code section 4660(d) should trigger the 1997 schedule, primarily based on a physician's report predating the schedule change. The Workers' Compensation Appeals Board affirmed the original award, finding that recent appellate decisions clarified that the older schedule only applies if a report indicating permanent disability exists prior to January 1, 2005, and the employer was not required to provide notice under Labor Code section 4061 before that date. Therefore, the 2005 PDRS was correctly applied.
RITA CORDOVA vs. SAN DIEGO UNIFIED PORT DISTRICT, AMERICAN HOME ASSURANCE COMPANY is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
This case concerns the application of the 2005 permanent disability rating schedule (PDRS) over the older 1997 PDRS for an applicant injured in 2004. The applicant argued that exceptions in Labor Code section 4660(d) should trigger the 1997 schedule, primarily based on a physician's report predating the schedule change. The Workers' Compensation Appeals Board affirmed the original award, finding that recent appellate decisions clarified that the older schedule only applies if a report indicating permanent disability exists prior to January 1, 2005, and the employer was not required to provide notice under Labor Code section 4061 before that date. Therefore, the 2005 PDRS was correctly applied.
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