Workers’ Compensation · Primary-source case analysis

Pendergrass: The Last Temporary-Disability Payment Controlled the Rating Schedule

By Aneeta Mishra and Timothy Chan

Published April 24, 2026

Pendergrass resolved a transition question under Labor Code section 4660(d) about whether the 1997 or 2005 permanent-disability schedule governed an older injury.

The dispute arose at the schedule transition

The injury predated January 1, 2005, but the permanent-disability rating occurred after the new schedule took effect. The statutory exception turned on whether the employer had been required to give a section 4061 notice before 2005.

Section 4061 ties notice to the last payment

The governing version of section 4061 required the permanent-disability notice together with the last payment of temporary disability. The Board focused on the period covered by that last payment rather than an earlier first-payment date.

The pre-2005 ending date triggered the exception

Because the last temporary-disability payment was made for a period ending before January 1, 2005, the employer’s notice duty arose under the former regime. The 1997 rating schedule therefore applied.

Disposition

The WCAB reversed its earlier en banc conclusion and applied the former schedule. The decision is tied to the transition language then contained in section 4660(d).

Key takeaways

• Reconstruct the exact temporary-disability payment history.
• Distinguish payment date from the period the final payment covered.
• Apply the statutory language in force for the injury and rating period.
• Preserve benefit notices that establish when duties arose.