Wcab

This case comes to us on a petition for writ of review following the Workers’ Compensation Appeals Board’s reversal of a workers’ compensation judge’s award of benefits to an injured worker, Avelino López. The board concluded that the worker should receive greater benefits because prior law applied in the worker’s case. The question before us is whether the permanent disability rating of the worker should be based on the 1997 permanent disability rating schedule (PDRS) or the 2005 version of the PDRS. We conclude that the 2005 PDRS applies and therefore annul the board’s opinion and decision.

FACTS AND PROCEDURAL BACKGROUND

Avelino López sustained a workplace injury to his left hand on September 1, 2004, that was compensable under the workers’ compensation system. He received temporary and total disability payments from September 2, 2004, through March 8, 2006. Following an examination on January 13, 2006, a physician who specializes in hand treatment determined, in an agreed medical examiner’s report, that López was permanent and stationary as of that date. The date for beginning permanent disability payments was agreed to be March 23, 2006.

The parties disagreed…