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Case Name Bed, Bath & Beyond v. WCAB
Date 12/13/2007
Note [Unpublished] An employer is not required to provide a notice of permanent disability benefits until the last temporary disability payment is made or has become due.
Citation H031400
WCC Citation WCC 32882007 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT BED, BATH & BEYOND, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and KIM COSTA, Respondents. Bed, Bath & Beyond petitions for review of the WCAB's decision, contending that the WCJ should have applied the 2005 permanent disability rating schedule. Bed, Bath & Beyond petitioned the WCAB for reconsideration of the permanent disability award, arguing that the WCJ should have applied the 2005 permanent disability rating schedule to calculate Costa's permanent disability, pursuant to section 4660, subdivision (d). Standard of Review The appellate courts are authorized to review WCAB decisions and to issue a writ of review pursuant to section 5950. The WCAB panel relied on the en banc decision in Pendergrass I, supra, 72 Cal. Comp. Cases at page 98, where the WCAB stated that "for purposes of section 4660 .

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