Wcab

In this case again we are called upon to interpret changes made in California’s workers’ compensation law in 2004. Jose Reyes Ramirez injured his back and neck on the job in July 2004 and received temporary disability benefits for the period from July 13, 2004, through March 24, 2005. The question here is whether—based on the date of Ramirez’s injury and the dates his temporary disability benefits began and ended—the workers’ compensation administrative law judge (WCJ) properly calculated Ramirez’s permanent disability award using the 1997 schedule for rating permanent disabilities, rather than the 2005 rating schedule. As we will explain, we agree with petitioners Energetic Painting and Drywall, Inc., and its insurer Zurich North America Insurance Company that the WCJ used the wrong schedule. Accordingly, we will annul the order denying Energetic’s petition for reconsideration and remand the case for recalculation of Ramirez’s permanent disability rating.

DISCUSSION

In 2004, the Legislature enacted omnibus modification of the workers’ compensation system. As pertinent here, Senate Bill No. 899 (2003-2004 Reg. Sess.) amended Labor Code section 4660, which governs the…