Duggan Plumbing; And State Compensation Insurance Fund Josh Pendergrass WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSH PENDERGRASS, Applicant,Vs.DUGGAN PLUMBING; and STATE COMPENSATION INSURANCE FUND, Defendant(s). Case No. SAL 0110868OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION (EN BANC) In Aldi v. Carr, McClellan, Ingersoll, Thompson & Horn (2006) 71 Cal.Comp.Cases 783 (Appeals Board en banc), we held that pursuant to Labor Code section 4660(d)1 the 2005 Schedule for Rating Permanent Disabilities (2005 Schedule) “is applicable to pending cases where the injury occurred before January 1, 2005, 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.” Thus, if the injured worker establishes that one of the exceptions set forth in
