Home/Case Law/AURORA REALIVASQUEZ vs. TURBOT JET PRODUCTS, INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

AURORA REALIVASQUEZ vs. TURBOT JET PRODUCTS, INC., STATE COMPENSATION INSURANCE FUND

Filed: Feb 17, 2010
San Francisco
ADJ3192331

CompFox AI Summary

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded 50% permanent disability, apportioned from a prior award. The applicant argued the defendant failed to prove the prior award's disability overlapped with the current injury. The WCAB denied reconsideration, finding the defendant met its burden by demonstrating overlapping subjective factors of disability between the prior and current injuries, based on medical reports from Dr. Capen and Dr. Danzig. This overlap in disability affecting the same earning abilities justified the apportionment under Labor Code section 4664(b).

Full Decision Text1 Pages

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded 50% permanent disability, apportioned from a prior award. The applicant argued the defendant failed to prove the prior award's disability overlapped with the current injury. The WCAB denied reconsideration, finding the defendant met its burden by demonstrating overlapping subjective factors of disability between the prior and current injuries, based on medical reports from Dr. Capen and Dr. Danzig. This overlap in disability affecting the same earning abilities justified the apportionment under Labor Code section 4664(b).

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