Zenith Insurance v. Workers' Compensation Appeals Board

Zenith Insurance Company (Zenith), the workers’ compensation carrier for Hutchinson Motors, petitioned for a writ of review of the decision of the Workers’ Compensation Appeals Board (Board) on the claim of Nader Azizi. Zenith contends the court should have applied the new permanent disability rating schedule that went into effect on January 1, 2005, rather than the 1997 schedule that was in effect when Azizi was injured. (See Lab. Code, § 4660, subd. (d).) We agree and annul the award.

BACKGROUND

Azizi was employed as a used car assistant at Hutchinson Motors. On October 21, 2004, he injured his lower back during the course of his employment there. Zenith paid temporary disability indemnity on Hutchinson Motors’ behalf for the period between October 21, 2004, and August 5, 2005. Azizi’s condition was declared permanent and stationary on August 5, 2005.

A trial was held before a workers’ compensation judge (WCJ), who awarded permanent disability based on the rating schedule that went into effect on January 1, 2005. Azizi filed a petition for reconsideration before the Board, arguing, among other things, that permanent disability should have been rated using the 1997…