Home/Case Law/KEITH SCOTT vs. C B RICHARD ELIS, INC., ZURICH NORTH AMERICAN INSURANCE
Regular DecisionReconsideration

KEITH SCOTT vs. C B RICHARD ELIS, INC., ZURICH NORTH AMERICAN INSURANCE

Filed: May 05, 2010
San Francisco
ADJ179514 (STK145833) ADJ2071863 (STK145835)

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration, upholding the Administrative Law Judge's decision to issue two separate awards for the applicant's two industrial injuries, rather than a single joint award. This aligns with recent case law and statutory changes requiring apportionment to distinct industrial injuries. The judge correctly applied the principle that separate awards are necessary when an AME can apportion disability between injuries, as occurred here. The prior award's value was credited equally to both new awards, and the new overall disability was split between them.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration, upholding the Administrative Law Judge's decision to issue two separate awards for the applicant's two industrial injuries, rather than a single joint award. This aligns with recent case law and statutory changes requiring apportionment to distinct industrial injuries. The judge correctly applied the principle that separate awards are necessary when an AME can apportion disability between injuries, as occurred here. The prior award's value was credited equally to both new awards, and the new overall disability was split between them.

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KEITH SCOTT vs. C B RICHARD ELIS, INC., ZURICH NORTH AMERICAN INSURANCE (2010) – San Francisco | CompFox