In my review of these particular sections of the Labor Code, I believe that Section 4662 and Section 4659 (b) are obviously related. Section 4662 provides for a finding of total permanent disability and Section 4659 (b) provides the disability rate for a total permanent disability case.
Similar to the statements made by Mr. Borah above, I too believe that Section 4662 is still good law. Your statements seem to be taken from a case law review; however, I could find no citation referenced. In looking at the California Compensation Cases indices at the end of each booklet, you can search for Section 4662 case law. For example, in 2013, Section 4662 was discussed in various cases, including 78 CCC 869; 78 CCC 825; and 78 CCC 518. There are other cases which include a discussion of Section 4662; however, none of these cases go into detail as to the impact Senate Bill 899 had on 4662.
I would try a FindLaw search for Section 4662 to see if there are any published appellate decisions. Best of luck to you.
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In response to your question, there is a wonderful two-part article featured through the LexisNexis Legal Newsroom regarding Workers' Compensation Law. I have added the link so you can review this article. As of this date, California Labor Code Section 4662 is still "good" law. Until a binding appellate or en banc decision comes down interpreting this statute in a different way, most Judges will continue handing down the same or similar decisions.
Bear in mind however, certain facts can sometimes arise which influence Courts to change their thinking. If you have a specific fact pattern, please advise so that my colleagues and I can offer additional advice.
Hope this helps,
Michael Ian Rott, Esq.
HIDEN, ROTT & OERTLE, LLP
Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.
Judges are providing disability based upon (a)-(d) of 4662. They are also considering the latter part of the code section and find permanent and total disability if there is medical and vocational evidence supporting that finding.
First of all, I agree with what my colleagues have already said. I just want to add a possible qualifier.
For injuries on or before 12/31/2012, I don't think there is much dispute that proving a total loss of earning capacity will result in a permanent total award. However, for injuries on or after 1/1/2013, some doubt exists, as references in the Labor Code to diminished earning capacity have been deleted. There is no longer a statutory connection between permanent disability and loss of earning capacity. The better view probably still supports the idea that a total loss of earning capacity justifies a finding of total permanent disability "in accordance with the fact," but this is certain to be the subject of appellate review.