Home/Case Law/Javier Hernandez vs. Richmar Farms, Zenith Insurance Co.
Regular DecisionRegular Panel Decision

Javier Hernandez vs. Richmar Farms, Zenith Insurance Co.

Filed: Jun 23, 2025
Bakersfield
ADJ10490434 (MF), ADJ10419398, ADJ10490429, ADJ10419507, ADJ8677936

CompFox AI Summary

The Workers' Compensation Appeals Board denied defendant Zenith Insurance Co.'s petition for reconsideration. The defendant challenged a WCJ's decision to issue a single, joint and several award of 82% permanent partial disability to applicant Javier Hernandez, arguing that the hypertension-related disability should be apportioned to a single injury date. The Board affirmed the WCJ's finding that the permanent disability due to hypertension was inextricably intertwined across the applicant's multiple industrial injuries and therefore could not be parceled out, aligning with established legal precedents regarding apportionment.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied defendant Zenith Insurance Co.'s petition for reconsideration. The defendant challenged a WCJ's decision to issue a single, joint and several award of 82% permanent partial disability to applicant Javier Hernandez, arguing that the hypertension-related disability should be apportioned to a single injury date. The Board affirmed the WCJ's finding that the permanent disability due to hypertension was inextricably intertwined across the applicant's multiple industrial injuries and therefore could not be parceled out, aligning with established legal precedents regarding apportionment.

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