Vera

Vera v. Workers' Compensation Appeals Board

Good Law
154 Cal. App. 4th 996·2007 Cal. App. LEXIS 1437·65 Cal. Rptr. 3d 151·1 Cal. WCC 713
Court of Appeal of CaliforniaAugust 2, 2007D049629California5,175 words

Opinion

Opinion

Irion, J.

Daniel Vera petitioned for review of a decision by the Workers’ Compensation Appeals Board (WCAB) denying his petition for reconsideration of a decision awarding him permanent disability benefits in the amount of $18,823.75. The WCAB’s decision was premised on the application of the schedule for rating permanent disabilities that went into effect on January 1, 2005 (Cal. Code Regs., tit. 8, § 9805), which Vera argues does not apply to his case.

We granted review, and we now conclude that the WCAB properly denied the petition for reconsideration because the schedule for rating permanent disabilities that went into effect on January 1, 2005, applies to Vera’s case. Accordingly, we affirm the decision of the WCAB.

I

FACTUAL AND PROCEDURAL BACKGROUND

On March 14, 2003, while employed as a laborer by Sapper Construction, Vera sustained injury to his neck, back and right shoulder.

At the time of the injury, Sapper Construction’s workers’ compensation insurance carrier was State Compensation Insurance Fund (SCIF). SCIF paid temporary disability benefits to Vera from March 17, 2003, to February 1, 2005, and permanent disability benefits from February 2, 2005, to September…

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