The Court of Appeal Issued a Non Published Decision on the Issue Which Rating Schedule to Use

• Posted By: Harvey Brown
• July 1, 2011

This is a very significant case for workers’ compensation principles in that it discusses the current case law.

The applicant filed a cumulative trauma as a hockey player for the San Jose Sharks from 1997 to 2002. The applicant testified to numerous specific injuries and was on the employers injured reserve list almost every year. He was paid salary continuation.

The case was tried by a Workers’ Compensation Judge (WCJ) and the applicant was found 100 per cent disabled. The WCJ found the 1997 permanent disability schedule applied because the case fell within one of the three exceptions to Labor Code section 4660 (d).

The employer petitioned for reconsideration and the Workers’ Compensation Appeals Board reversed and found the 2005 rating schedule for rating permanent disabilities applied.

The appellate court reversed and indicated that the 1997 schedule applied because the applicant received salary continuation, which triggered the need for the employer to give notice under Labor Code section 4061. The employer’s failure to do so triggered the exception under Labor Code section 4660 (d)

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Editor: Harvey Brown

Firm: Samuelsen, Gonzalez, Valenzuela and Brown

Address: 3501 Jamboree Suite 602

Newport Beach, ca 92662

Phone: 949 252-1300

Case: Nittel V. WCAB, San Jose Sharks
This is a non published Court of Appeal case

• Posted In: Disability