Trader Joes v. WCAB
A new schedule for rating permanent disabilities under the workers compensation law went into effect on January 1, 2005, replacing the schedule that had been in place since 1997. Labor Code section 4660, subdivision (d), provides that the 2005 schedule applies to injuries predating its effective date when there has been no report by a treating physician indicating the existence of a permanent disability before January 1, 2005. Here we conclude that a report describing an applicants injury and treatment does not indicat[e] the existence of a permanent disability when no medical opinion was given that the injury would result in permanent disability.
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