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| Case Name | Zenith Insurance v. WCAB (Azizi) | |
|---|---|---|
| Date | 07/18/2007 | |
| Note | Labor Code 4660, subdivision (d) states the general rule that the applicable schedule is the one in effect on the date of the injury, and then provides an exception to that rule, namely, that the new schedule will apply to pre-2005 injuries unless one of three specified circumstances existed prior to 2005. | |
| Citation | 153 Cal. App. 4th 461, 72 CCC 785 | |
| WCC Citation | WCC 32362007 CA |
A116761 (WCAB Case No. OAK 0317766) Zenith Insurance Company (Zenith), the workers' compensation carrier for Hutchinson Motors, petitioned for a writ of review of the decision of the Workers' Compensation Appeals Board (Board) on the claim of Nader Azizi. Zenith paid temporary disability indemnity on Hutchinson Motors' behalf for the period between October 21, 2004 and August 5, 2005. It deferred a decision on the amount of permanent disability and remanded the case for further proceedings on the issue of apportionment. Zenith was required to provide notice under section 4061, "together with the last payment of temporary disability indemnity," in August 2005. Filed 7/18/07 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE ZENITH INSURANCE CO. , Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and NADER AZIZI, Respondents.
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