California Court of Appeal

Respondent board's decision in Aldi v. Carr, McClellan, Ingersoll, Thompson & Horn (2006) 71 Cal.Comp.Cases 783 is affirmed where it held that the Legislature intended Labor Code section 4660 to apply to all pending matters regardless of the date of injury unless, for those claims arising before January 1, 2005: 1) there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability; or 2) when the employer is not required to provide the notice required by Labor Code section 4061 to the injured worker.

Appellate Information

• Decided 07/24/2007
• Published 07/24/2007

Judges

• RAYE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Frailing, Rockwell & Kelly and John B. Frailing, Modesto, for Petitioner., Farrell, Fraulob & Brown, Melissa C. Brown, Sacramento;  DuRard, McKenna & Borg and Susan R. Borg, San Mateo, for California Applicants' Attorneys Association as Amicus Curiae on behalf of Petitioner.


• For Appellees:
  
• Robert W. Daneri, Suzanne Ah-Tye, and David M. Goi, for Respondent State Compensation Insurance Fund., Law Offices of Saul Allweiss and Michael A. Marks, San Francisco, for California Workers' Compensation Institute as Amicus Curiae on behalf of Respondent State Compensation Insurance Fund., No appearance for Respondent Workers' Compensation Appeals Board.