Workers’ Compensation · Primary-source case analysis

Aldi: The 2005 Rating Schedule Applied Unless a Statutory Exception Was Proved

By Aneeta Mishra and Timothy Chan

Published April 27, 2026

Aldi supplies the starting framework for deciding which permanent-disability rating schedule governed claims spanning the January 2005 transition.

The injury predated the revised schedule

Elizabeth Aldi’s case required the Board to determine whether a pre-2005 injury should be rated under the former schedule or the revised schedule effective January 1, 2005.

The revised schedule was the default

The Board read Labor Code section 4660(d) to apply the new schedule to injuries on or after its effective date and also to older injuries unless a listed statutory exception was present.

Exceptions required factual development

Potential exceptions involved qualifying pre-2005 medical reporting or required disability notices. The mere fact that an injury occurred earlier did not establish the former schedule.

Disposition

The WCAB returned the case to the trial level to determine whether an exception was supported by the facts. Later en banc decisions refined how particular exceptions operate.

Key takeaways

• Start with the injury date and statutory default.
• Identify the exact exception claimed.
• Locate pre-2005 medical reports and benefit notices.
• Read Aldi with later transition decisions.