/ANA0388262 This case involves a dispute between the San Jose Sharks and Adam Nittel, the defendant, regarding the application of the 2005 Schedule to injuries arising before January 1, 2005. The defendant filed an Answer and the applicant filed a Request for Supplemental Petition for Reconsideration. After reviewing the record, the Workers' Compensation Appeals Board denied the reconsideration, finding that the employer was not required to provide section 4061 notice prior to January 1, 2005, as the applicant had not established that he received salary continuation in 2001.

SAN JOSE SHARKS; CHUBB GROUP LOS ANGELES, Adam Nittel ,             Defendant filed an Answer and applicant Hied a Request for Supplemental Petition for Reconsideration.            Based on our review of the record and for the reaJöns stated below, we will deny j reconsideration.Initially, we note that, pursuant to Appeals Board Rule 10848. applicant filed a Request forSupplemental Petition for Reconsideration, essentially, a reply to defendant’s Answer. Pursuant to our authority, we approve of and accept defendant’s supplemental Reply. (Cal. Code of Regs., tit. 8. § 10848.)            Turning to the substantive issue, we note that we agree with applicant that the filing of an ) Application for Adjudication of Claim is not a prerequisite to a defendant’s duty to provide Labor 1 Code section 4061 notice when defendant is otherwise required to do so by law. Nevertheless, we I are not persuaded that, in this matter, defendant had a duty to provide section 4061 notice in 2001. jii            Section 4660(d) describes when the 2005 Schedule applies to injuries arising before5 January-1. 2005. In relevant part, it states that: “For compensable claims arising before January 1, 2005, the schedule as reused pursuant to changes made in legislation enacted during the 2003*04 Regular and Extraordinary Sessions shall apply to the determination of permanent disabilities when there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability, or when the employer is not required to provide the notice required by Section 4061 to the injured worker.” (Lab. Code. § 4660(d).)’            In Aldi V. Carr, McClellan. Ingersoll, Thompson & Horn; Republic Indemniry Company ofAmerica, (2006) 71 CaJ.Comp.Cases 783 (Appeals Board en banc), we held that: “Section 4660(d) requires that the (2005 Schedule) be applied to injuries on or after the January 1, 2005 effective date of the rating schedule, subject to the s

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