Daniel Vera petitioned for review of a decision by the Workers' Compensation Appeals Board (WCAB) denying his petition for reconsideration of a decision awarding him permanent disability benefits in the amount of $18,823. 75. It also noted that in a June 2004 report, the treating physician stated that Vera " 'remains TTD [i. e. , temporarily totally disabled],' " and that Vera underwent surgery for his shoulder in August 2004. Vera argued that his employer "[was] required subsequently to provide" the notice required by section 4061, and thus the old schedule applies. Vera filed a petition for writ of review in this court, arguing that the old schedule governs his claim for permanent disability benefits, and that the WCAB therefore erred in denying his petition for reconsideration. Our decision is consistent with the en banc decision of the WCAB in Pendergrass v. Duggan Plumbing (2007) 72 Cal. Comp. Cas.

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