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Case Name Aldi v. Carr, McClellan, etc.
Date 06/21/2006
Note Failure by the Division of Workers' Compensation to adopt a new permanent disability rating schedule (PDRS) on or before 1/1/05, as mandated by Labor Code section 4660(e), did not otherwise alter its applicability to injuries that occurred earlier than 1/1/05.
Citation 70 CCC 783
WCC Citation WCC 31672006 CA
*fn2 Because of the important legal issue presented as to the meaning and application of Senate Bill (SB) 899 (Stats. )*fn3 rating schedule applies, unless one of the exceptions delineated in the third sentence of section 4660(d) is present. "Three Interpretations of Subdivision (d) of Labor Code Section 4660 "There are three possible interpretations of the second and third sentences in subdivision (d). Since the Administrative Director did not adopt the revised rating schedule until January 1, 2005, the third sentence is moot. "We do not address at this time when and how the exceptions in the third sentence of section 4660(d) apply.

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