Chang

The sole question of law presented by this petition for a writ of review is whether Labor Code section 4660, as amended in 2004, requires the use of a permanent disability rating schedule effective January 1, 2005, to apply to injuries sustained before the schedule was adopted when none of the three exceptions set forth in subdivision (d) of section 4660 apply. In Aldi v. Carr, McClellan, Ingersoll, Thompson & Horn (2006) 71 Cal.Comp.Cases 783 (Aldi), the Workers’ Compensation Appeals Board (Board) determined in an en banc decision that the Legislature intended section 4660 to apply to all pending matters regardless of the date of injury unless, for those claims arising before January 1, 2005, “there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability, or when the employer is not required to provide the notice required by Section 4061 to the injured worker.” (§ 4660, subd. (d); see Aldi, supra, 71 Cal.Comp.Cases at p. 785.) We believe the reasoning in Aldi is sound and affirm the decision of the Board.

FACTS

The applicant, Rachel Chang, while employed as a typist by respondent State…