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| Case Name | Energetic Painting and Drywall Inc. v. WCAB | |
|---|---|---|
| Date | 07/24/2007 | |
| Note | Under Labor Code section 4061, an employer must give the notice required by that statute to the injured worker 'together with the last payment of temporary disability indemnity,' and the employer is 'not required' to provide that notice until the last temporary disability payment is made or has become due. | |
| Citation | 153 Cal. App. 4th 633; 63 Cal. Rptr. 3d 210, 72 CC | |
| WCC Citation | WCC 32382007 CA |
As we will explain, we agree with petitioners Energetic Painting and Drywall, Inc. , and its insurer Zurich North America Insurance Company*fn1 that the WCJ used the wrong schedule. In December 2006, Energetic petitioned the WCAB for reconsideration of the WCJ's decision to apply the 1997 schedule. While that petition was pending, the WCAB (sitting en banc) decided Pendergrass v. Duggan Plumbing (2007) 72 Cal. Comp. Cases 95. The three dissenting members of the WCAB concluded that the "plain language" of sections 4061 and 4660(d) required a different result. Thus, we are concerned only with whether Energetic was required to provide Ramirez with the section 4061 notice before January 1, 2005. .
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