CompFox AI Summary
In this Workers' Compensation Appeals Board case, the applicant, Richard Van Baren Jr., sought benefits from the County of Mendocino. The applicant filed a Petition for Reconsideration after an adverse ruling regarding apportionment. The Appeals Board denied the petition, adopting the Workers' Compensation Judge's report and recommendation. The judge found that a prior Compromise and Release agreement settling other body parts, not just the back, did not constitute a "prior award of permanent disability" under Labor Code section 4664(b). Therefore, apportionment under that section was not permitted.
Full Decision Text1 Pages
In this Workers' Compensation Appeals Board case, the applicant, Richard Van Baren Jr., sought benefits from the County of Mendocino. The applicant filed a Petition for Reconsideration after an adverse ruling regarding apportionment. The Appeals Board denied the petition, adopting the Workers' Compensation Judge's report and recommendation. The judge found that a prior Compromise and Release agreement settling other body parts, not just the back, did not constitute a "prior award of permanent disability" under Labor Code section 4664(b). Therefore, apportionment under that section was not permitted.
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