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| Case Name | Pendergrass v. Duggan Plumbing and State Compensation Insurance Fund | |
|---|---|---|
| Date | 01/24/2007 | |
| Note | Defendants' duty to provide the notice required by section 4061 arose when the first payment of temporary disability indemnity was made, therefore the 1997 Schedule applies to calculate applicant's permanent disability. | |
| Citation | 72 CCC 95 | |
| WCC Citation | WCC 32062007 CA |
See Pendergrass v. Duggan Plumbing (4/06/07) WCC 32132007 CA. WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. SAL 0110868 OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION (EN BANC) JOSH PENDERGRASS, Applicant, vs. DUGGAN PLUMBING; and STATE COMPENSATION INSURANCE FUND, Defendants. Applicant sustained an admitted industrial injury to his right lower extremity/ankle on June 29, 2004, while employed as a plumber by Duggan Plumbing, State Compensation Insurance Fund's insured on the date of injury, when he fell at work. Defendants accepted liability for applicant's industrial injury and paid temporary disability indemnity uninterrupted from June 30, 2004, through July 19, 2005. Thus, applicant argues that the 4061 notice exception to application of the 2005 Schedule to pre-2005 injuries applies.
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