Even if two comprehensive medical-legal reports are issued prior to 2005, the reports must indicate the existence of PD in order to apply the 1997 schedule.

A comprehensive medical-legal report issued prior to 2005 does not have to indicate the existence of PD if it was prepared by a QME to prove or disprove a claim and written as a narrative medical report prepared and attested to in accordance with Labor Code §4628.¹

A medical-legal report issued prior to 2005, like a treating physician's report, has to contain an indication of permanent disability to trigger use of the pre-2005 rating schedule

Even if a pre-2005 comprehensive medical exam exists, it in itself is not sufficient to indicate the existence of PD without substantial evidence of the physician’s supporting references and reasoning.

A comprehensive medical-legal report issued prior to 2005 does not have to declare the applicant permanent and stationary, but it must contain an indication of PD in order to apply the 1997 schedule.

A comprehensive medical-legal report issued prior to 2005 from a Panel QME listing the factors of disability and indicating that if applicant elected to undergo surgery, she would be P&S at that time or if applicant did not elect for surgery, she would be P&S in 4-6 weeks is sufficient to indicate the existence of PD.

A Comprehensive medical-legal report or treating physician’s report does not need to indicate permanent and stationary status but rather only needs to indicate the existence of permanent disability

A single sentence report issued prior to 2005 by a treating physician stating that PD was within medical probability was not sufficient without other reports providing support or reasoning behind the physician’s opinion.

A treating physician’s report issued prior to 2005 must indicate that the injury is permanent or provide conclusions that the disability will be permanent in order to apply the 1997 rating schedule.

Treating physician’s report issued prior to 2005 indicating the existence of permanent disability by simply checking boxes stating the applicant is not P&S but would have PD, does not constitute convincing evidence.

A treating physician’s report issued prior to 2005 stating that applicant had PD, listing physical limitations, and declaring the applicant QIW, sufficiently indicates the existence of PD and use of the 1997 rating schedule even if applicant is not yet declared P&S.

A treating physician’s report issued prior to 2005 indicating a herniated disc, radiculopathy, footdrop and use of a cane is sufficient to show the existence of PD and use of the 1997 schedule.

A primary treating physician’s report issued prior to 2005 describing the applicant’s condition is not substantial evidence of any existing PD.

When the treating physician declares the applicant P&S prior to 2005, the employer’s duty to provide notice arises; thus, the 1997 schedule will apply even when subsequent AME determinations disagree with the date of P&S or the parties stipulate that applicant was still TD.

A form RU-90 prepared by the primary treating physician prior to 2005 stating the applicant is a QIW and entitled to VR is sufficient to indicate the existence of PD even if the applicant undergoes surgery for the injuries 1 week later.

A pre-2005 treating physician’s report must indicate a ratable disability that has reached P&S. A report stating the existence of PD but no P&S status is not a ratable disability thus it does not indicate the existence of PD in order to apply the 1997 schedule. (Criticized by Zenith: the terms "permanent disability" and "permanent and stationary" are not interchangeable, and a permanent and stationary status is not required in order for the comprehensive medical-legal or treating physician's report to indicate the existence of permanent disability)

A treating physician’s report issued prior to 2005 using a "checked boxed" report indicating the existence of PD does not fulfill the requirements of substantial evidence.²

Hip replacement surgery occurring prior to 2005 infers PD existed on the date of surgery according to the AMA Guides.

The employer’s duty to provide notice arises with the first payment of TD; thus if the first date of TD occurred prior to 2005, then the 1997 PD rating schedule applies.

The employer’s duty to provide notice does not arise until the actual last payment of TD; only if the last payment of TD indemnity was made before 2005 would the 1997 schedule apply.

A treating physician’ report issued prior to 2005 stating that after surgery the applicant’s cervical spine lacked flexion/extension, the applicant was TTD for one year, and returned to work prior to 2005, assumed the applicant to be a QIW; thus triggering the employer’s duty to provide notice.