Home/Case Law/JOHNNY HERRERA vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE COMPANY
Regular DecisionReconsideration

JOHNNY HERRERA vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE COMPANY

Filed: Feb 27, 2009
San Francisco
ADJ3291959 (VNO 0487238)

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The Workers' Compensation Appeals Board granted reconsideration, finding the 1997 Permanent Disability Rating Schedule applied. This decision reversed the trial judge's ruling that the 2005 Schedule was appropriate. The Board determined that the employer's obligation to provide notice under Labor Code section 4061 prior to January 1, 2005, triggered the application of the earlier schedule. Therefore, the case was returned for further proceedings and a new decision based on the 1997 Schedule.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, finding the 1997 Permanent Disability Rating Schedule applied. This decision reversed the trial judge's ruling that the 2005 Schedule was appropriate. The Board determined that the employer's obligation to provide notice under Labor Code section 4061 prior to January 1, 2005, triggered the application of the earlier schedule. Therefore, the case was returned for further proceedings and a new decision based on the 1997 Schedule.

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