CompFox AI Summary
This case involved a police officer claiming industrial injury to his lumbar spine. The defendant City and County of San Francisco sought to reduce the applicant's permanent disability award by apportioning a prior $20%$ award for a previous lumbar injury. The Workers' Compensation Appeals Board affirmed the original award, finding the defendant failed to meet its burden of proving apportionment under Labor Code section 4664. Specifically, the defendant did not demonstrate an overlap between the current and prior disabilities because they were rated using different methods, and the medical evaluator relied on an incorrect legal theory for apportionment.
Full Decision Text1 Pages
This case involved a police officer claiming industrial injury to his lumbar spine. The defendant City and County of San Francisco sought to reduce the applicant's permanent disability award by apportioning a prior $20%$ award for a previous lumbar injury. The Workers' Compensation Appeals Board affirmed the original award, finding the defendant failed to meet its burden of proving apportionment under Labor Code section 4664. Specifically, the defendant did not demonstrate an overlap between the current and prior disabilities because they were rated using different methods, and the medical evaluator relied on an incorrect legal theory for apportionment.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.