February 4, 2008 Source:
WorkInjury.com
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CA/2:
Dueling DCA's: Vera vs. Genlyte (Is pre-05 P&S Status Req'd for Old Ratings?)
This case from the Second District Court of Appeal, though unpublished, brings to the forefront the current conflict between appellate districts regarding the issue of whether a worker must be permanent and stationary prior to 2005 before the "old" rating schedule can be used.
To recap (ad nauseum - in light of the slew of cases issued because of the crummy wording of the exceptions section of Labor Code Section 4660(d) for using the "old" rating schedule):
In one corner we have the Vera case, decided by the 4th District (and unpublished), which says that the required report must say the person is permanent and stationary before 2005 before the old schedule can be used ("No PD Without P&S"). To read Vera,CLICK HERE.
In the other corner we have the Genlyte case, certified-for-publication by another division of the Second District, which says there's no need for the report to be a "P&S report" - just that permanent disability exists before 2005 ("PD and P&S are not interchangeable"). To read that case, CLICK HERE.
This case - Surety v. WCAB (Wragg) - decided by a different Second District division than the one which issued Genlyte - sides with the Genlyte Court, ruling that P&S status before 2005 is NOT necessary in order to use the old schedule - just that permanent disability existed by then.
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