Home/Case Law/PHILLIP F. GARCIA vs. LOCKHEED MARTIN AIRCRAFT SERVICES, Permissibly Self-Insured, ESIS, TRAVELERS INSURANCE (ADM./ADJ. AGT.)
Regular DecisionReconsideration

PHILLIP F. GARCIA vs. LOCKHEED MARTIN AIRCRAFT SERVICES, Permissibly Self-Insured, ESIS, TRAVELERS INSURANCE (ADM./ADJ. AGT.)

Filed: Dec 11, 2007
San Francisco
SBR 0283205, SBR 0267402

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of an award for total permanent disability, which combined the effects of a 1995 shoulder/arm/hand injury and a 1998 bilateral shoulder/upper extremity injury. The defendant, Lockheed Martin, argued that separate awards were required as the injuries became permanent and stationary at different times and affected different body parts. The Board rescinded the award and returned the case to the trial level to await a forthcoming en banc decision on the applicability of the Wilkinson doctrine regarding combined permanent disability awards.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of an award for total permanent disability, which combined the effects of a 1995 shoulder/arm/hand injury and a 1998 bilateral shoulder/upper extremity injury. The defendant, Lockheed Martin, argued that separate awards were required as the injuries became permanent and stationary at different times and affected different body parts. The Board rescinded the award and returned the case to the trial level to await a forthcoming en banc decision on the applicability of the Wilkinson doctrine regarding combined permanent disability awards.

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