Dep't of Corr. & Rehab. v. Workers' Comp. Appeals Bd.

*226 *610 We granted the Department of Corrections and Rehabilitation's (Department) petition for a writ of review (Petition) of a Workers' Compensation Appeals Board (Board) opinion, which raises the following statutory construction question: Must a finding of permanent total disability 1 be made in accordance with Labor Code 2 section 4660, 3 or does section 4662, subdivision (b), provide a separate path to such a finding? We conclude section 4660 governs how the finding and award of permanent total disability shall be made "in accordance with the fact," as provided in section 4662, subdivision (b).

GENERAL BACKGROUND

"The right to workers' compensation benefits is wholly statutory and is not derived from common law." ( DuBois v. Workers' Comp. Appeals Bd. (1993) 5 Cal.4th 382 , 388, 20 Cal.Rptr.2d 523 , 853 P.2d 978 .) To assist in a better understanding of the finding and award subject to this appeal and the discussion that follows, we begin with the general background of the applicable statutory and regulatory framework underlying workers' compensation permanent disability awards.

I

The Permanent Disability System Generally

"Employers are responsible to workers who…