Dennis Howell vs. County Of Monterey, Permissibly Self-insured

In this case, the County of Monterey was found to be permissibly self-insured and the applicant, Dennis Howell, was found to have sustained an industrial injury to his left knee while employed as a maintenance/electrical/plumbing worker on October 20, 2004. The Workers' Compensation Appeals Board denied the County of Monterey's petition for reconsideration, finding that the prior rating schedule applied to the determination of permanent disabilities for injuries occurring before January 1, 2005, and that the County of Monterey was obligated to issue a notice regarding permanent disability together with the last payment of temporary disability indemnity.

County Of Monterey, Permissibly Self-Insured Dennis Howell WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADENNIS HOWELL, Applicant,vs.COUNTY OF MONTEREY, Permissibly Self-Insured, Defendant(s).Case No. SAL0110469OPINION AND ORDER DENYING RECONSIDERATION            Defendant seeks reconsideration of the November 6, 2007 Findings. Award and Orders issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations, that applicant, while employed as a “maintenance/electrical/plumbing worker” on October 20, 2004. sustained industrial injury to his left knee. The WCJ further found that the injury herein caused periods of temporary disability from October 29. 2004 through November 11, 2004 and from November 18, 2004 through December 16, 2004 and that the prior rating schedule1 applies in this case. The WCJ deferred the issue of permanent disability.            Defendant contends that the WCJ erred in applying the prior rating schedule arguing that applicant was not paid temporary disability benefits in 2004 and that there was no medical report describing the existence of permanent disability prior to January 1, 2005.            Applicant filed an Answer, and the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. 1 The “prior rating schedule” refers to the April 1997 Schedule for Rating Permanent Disabilities. The “revised rating schedule,” as discussed below, refers to the January 2005 Schedule for Rating Permanent Disabilities. The “poor rating schedule.” as discussed below, refers to the April 1997 Schedule for Rating Permanent Disabilities. ,             Based on our review of ihe record and for the reasons discussed by the WCJ in his Report, which we adopt and incorporate herein, as well as for the reasons discussed below, we will deny reconsideration.Labor Code2 section 4660(d) describes when the revised rating schedule applies

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