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The Workers' Compensation Appeals Board denied reconsideration, affirming the finding that the applicant sustained industrial injury to his back on November 22, 2004, resulting in 31% permanent disability without apportionment. The employer sought to subtract a prior 1992 award of 27.5% permanent disability under Labor Code section 4664. However, the Board found that the defendant failed to prove overlap because the two injuries were rated using different standards (PDRS for the prior injury and AMA Guides/ROM method for the current injury). Since the permanent disability from both injuries could not be calculated under the same standard, apportionment was not permitted.
RANDALL MINVIELLE vs. COUNTY OF CONTRA COSTA / CONTRA COSTA FIRE is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration, affirming the finding that the applicant sustained industrial injury to his back on November 22, 2004, resulting in 31% permanent disability without apportionment. The employer sought to subtract a prior 1992 award of 27.5% permanent disability under Labor Code section 4664. However, the Board found that the defendant failed to prove "overlap" because the two injuries were rated using different standards (PDRS for the prior injury and AMA Guides/ROM method for the current injury). Since the permanent disability from both injuries could not be calculated under the same standard, apportionment was not permitted.
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