Zenith petitioned the WCAB for reconsideration that the new schedule applies because the notice of permanent disability indemnity was required with the last payment of temporary disability indemnity in 2005 under the express language of section 4061(a). The WCAB adopted the WCJ's decision and report and denied Zenith reconsideration. Cugini answers that the former schedule is applicable because the requirement to provide notice of permanent disability indemnity arose when Zenith paid temporary disability indemnity in 2004. Standard of Review and Rules of Statutory Construction A decision by the WCAB that is based on factual findings which are supported by substantial evidence is affirmed by the reviewing court. If Zenith is correct that a permanent and stationary status is required under section 4660(d), then the new schedule would necessarily apply to Cugini's permanent disability.

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