Lewis

Lewis v. Workers' Compensation Appeals Board

Good Law
168 Cal. App. 4th 696·2008 Cal. App. LEXIS 2340·85 Cal. Rptr. 3d 661·2 Cal. WCC 1307
Court of Appeal of CaliforniaNovember 21, 2008C057392California1,322 words

Opinion

Opinion

Davis, J.

As part of its 2004 comprehensive reform of the workers’ compensation laws, the Legislature adopted a new schedule for rating permanent disability. Pursuant to Labor Code section 4660, subdivision (d) (hereafter, section 4660(d)), the new schedule applies to all compensable claims arising on or after January 1, 2005, as well as to compens able claims arising before January 1, 2005, when, as relevant here, “ ‘there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability . . . .’ " (Genlyte Group, LLC v. Workers’ Comp. Appeals Bd. (2008) 158 Cal.App.4th 705, 709, 715-716 [ 69 Cal.Rptr.3d 903 ] (Genlyte); Zenith Ins. Co. v. Workers’ Comp. Appeals Bd. (2008) 159 Cal.App.4th 483, 486, 493 [ 71 Cal.Rptr.3d 724 ] (Zenith); see Vera v. Workers’ Comp. Appeals Bd. (2007) 154 Cal.App.4th 996, 1000-1001 [ 65 Cal.Rptr.3d 151 ] (Vera).)

In this proceeding, we take the side of the decisions in Genlyte and Zenith in their dispute with Vera over the interpretation of this provision in section 4660(d). Consequently, we conclude that a comprehensive medical-legal report or a treating physician’s report need…

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