Legal Question in Workers Comp in California

Re: New law

The new Law states that for injuries after Jan 1, 2005 the new law applies. However for injuries that occured prior to that date there are a few exceptions. So the answer is that it may be the new law that controls if you do not fit into an exception. If you have a permanent and stationary report dated prior to 12/31/2004, you fall under the old law. If you were sent a Permanent Disability Notice prior to 12/31/2004 purusant to Labor Code �4061 the old law applies. Labor Code �4660(d) explains the "exceptions" I am enclosing the pertinent part of 4660(d)

"(d) The schedule shall promote consistency, uniformity, and

objectivity. The schedule and any amendment thereto or revision

thereof shall apply prospectively and shall apply to and govern only

those permanent disabilities that result from compensable injuries

received or occurring on and after the effective date of the adoption

of the schedule, amendment or revision, as the fact may be. For

compensable claims arising before January 1, 2005, the schedule as

revised pursuant to changes made in legislation enacted during the

2003-04 Regular and Extraordinary Sessions shall apply to the

determination of permanent disabilities when there has been either no

comprehensive medical-legal report or no report by a treating

physician indicating the existence of permanent disability, or when

the employer is not required to provide the notice required by

Section 4061 to the injured worker."

You should talk to your attorney as I assume he/she is familiar with the above Statute. I must tell you this is the subject of much litigation and new cases come down weekly, so this is still a highly contested issue. Good luck!

Samuel L. Salazar