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November 1, 2006

Aldi v. Republic Indemnity (June 2006)

By: Jason K. Redula, esq.
Elizabeth Aldi, while a legal secretary, sustained Cumulative Trauma injury on to her neck and upper extremities. The sole issue in this case was whether the old or the new schedule applied pursuant to 4660d.

In 1/06, the WC judge concluded that the revised AMA PD rating schedule only applies to injuries occurring on or after January 1, 2005. The old PD rating schedule applies to all injuries which occur prior to January 1, 2005. In 4/06, the Appeals Board granted reconsideration of the 1/06 Conclusion of Law and Finding of Fact.

This Court (WCAB) concluded that the new PDRS applies to all cases where the injury occurred on or after 1/1/05. The Court further held that the new schedule also applied to injuries that occurred before that date unless one of the 4660(d) exceptions applied. Such exceptions are: (a) there has been a comprehensive medical legal report [courts differ as to whether there needs to be an indication of permanent disability at this point], (b) there has been a report by a treating physician that indicates the existence of permanent disability, OR (c) where the employer is required to provide the notice required by Labor Code 4061 to the injured worker.
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