Home/Case Law/GUADALUPE BENAVIDES vs. SALINAS VALLEY MEMORIAL HOSPITAL, Permissibly Self-Insured, Administered By ACCLAMATION INSURANCE MANAGEMENT SERVICES
Regular DecisionReconsideration

GUADALUPE BENAVIDES vs. SALINAS VALLEY MEMORIAL HOSPITAL, Permissibly Self-Insured, Administered By ACCLAMATION INSURANCE MANAGEMENT SERVICES

Filed: Sep 21, 2009
ADJ3625409 (SAL 0119152)

CompFox AI Summary

The Appeals Board granted reconsideration, rescinding the prior award. The WCJ incorrectly ruled that surgical knee replacement precluded apportionment of permanent disability. The Board found that Labor Code § 4663 requires apportionment based on causation, even if the contributing pathology is surgically removed. Therefore, the matter was returned for a new rating based on the QME's opinion that 75% of the applicant's permanent disability was due to pre-existing conditions.

Full Decision Text1 Pages

The Appeals Board granted reconsideration, rescinding the prior award. The WCJ incorrectly ruled that surgical knee replacement precluded apportionment of permanent disability. The Board found that Labor Code § 4663 requires apportionment based on causation, even if the contributing pathology is surgically removed. Therefore, the matter was returned for a new rating based on the QME's opinion that 75% of the applicant's permanent disability was due to pre-existing conditions.

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