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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. SAL 0110868
En Banc
Jan 24, 2007

Josh Pendergrass vs. Duggan Plumbing, State Compensation Insurance Fund

The Appeals Board held that for the purpose of determining the applicable permanent disability rating schedule, an employer’s duty to provide notice under Labor Code section 4061 arises with the first payment of temporary disability indemnity, not the last.

Labor Code section 4660(d)2005 Schedule1997 Schedulesection 4061 noticetemporary disability indemnitypermanent disability rating scheduleen banc decisionreconsiderationFindings and Orderdate of injury
References
8
Case No. SAL 0110868
Significant
Apr 06, 2007

Josh Pendergrass vs. Duggan Plumbing, State Compensation Insurance Fund

The Appeals Board, in an en banc decision, holds that the 2005 Schedule for Rating Permanent Disabilities applies to pre-2005 injuries if the last payment of temporary disability indemnity, which triggers the notice requirement under Labor Code section 4061, occurred on or after January 1, 2005.

Labor Code section 4660(d)1997 Schedule2005 Scheduletemporary disability indemnitypermanent disabilitynotice requirementsection 4061en banc decisionreconsiderationstatute of limitations
References
13
Case No. SAL 0110868
En Banc
Apr 06, 2007

Josh Pendergrass vs. Duggan Plumbing, State Compensation Insurance Fund

The Appeals Board, in an en banc decision, holds that the 2005 Permanent Disability Rating Schedule applies to pre-2005 injuries if the last payment of temporary disability indemnity occurred on or after January 1, 2005, as this is when the employer's duty to provide notice under Labor Code section 4061 arises.

PendergrassDuggan PlumbingState Compensation Insurance FundWorkers' Compensation Appeals Boarden bancpermanent disabilitytemporary disability1997 Schedule2005 ScheduleLabor Code section 4660(d)
References
13
Case No. SAL 0110868
Significant
Jan 24, 2007

Josh Pendergrass, Applicant vs. Duggan Plumbing, State Compensation Insurance Fund

For the purpose of determining the applicable permanent disability rating schedule under Labor Code section 4660, an employer's duty to provide the notice required by section 4061 arises with the first payment of temporary disability indemnity.

Labor Code section 4660(d)2005 Schedule1997 Schedulesection 4061 notice requirementtemporary disability indemnitypermanent disability ratingen banc decisionreconsiderationWCJindustrial injury
References
9
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