STATE COMPENSATION INSURANCE FUND v. WORKERS' COMPENSATION APPEALS BOARD and JOS

STATE COMPENSATION INSURANCE FUND v. WORKERS' COMPENSATION APPEALS BOARD and JOSE C. ECHEVERRIA

Filed 1/5/07 (publication order 1/22/07; see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

            The State Compensation Insurance Fund (State Fund) petitions for review (Labor Code §  5952)^[1] of the decision after reconsideration of the Workers' Compensation Appeals Board (Board) affirming an award to respondent, Jose C. Echeverria.  State Fund contends that the award was improperly calculated using the 1997 schedule for rating permanent disabilities (PD schedule) in effect prior to January 1, 2005, rather than the new PD schedule that went into effect on that date.  As will be seen, we agree and annul the award.

            Section 4660 governs the calculation of permanent disability awards.  As amended effective April 19, 2004, the section requires regular revisions in the rating schedule and, as relevant here, provides generally that â€