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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ637242 [SFO 0410171] ADJ2482512 [SFO 0430921]
Regular
Sep 23, 2008

JULIE ANN KAUS vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

Reconsideration granted; matter returned to trial level for adequate trial record and further proceedings to address apportionment under sections 4663 and 4664.

WCABJulie Ann KausCalifornia Highway PatrolState Compensation Insurance FundFindings Award and Orderreconsiderationapportionmentpermanent disabilityLabor Code sections 46634664
References
Case No. GRO 0028123, GRO 0028394
En Banc
Feb 27, 2006

ERIC PASQUOTTO vs. HAYWARD LUMBER, CONNECTICUT INDEMNITY INSURANCE COMPANY, ATHENS ADMINISTRATORS

The Appeals Board held that a prior injury settlement via a compromise and release agreement does not constitute a 'prior award of permanent disability' under Labor Code section 4664(b) for apportionment purposes. However, evidence from the prior injury may still be relevant to determine apportionment based on causation under section 4663.

SB 899apportionmentcompromise and releaseprior awardpermanent disabilityLabor Code sections 46634664en banc decisionmedical rehabilitationother factors
References
Case No. SJO 209245, SJO 240310
Regular
Feb 25, 2008

CARL TARANTO vs. EMERY WORLDWIDE FREIGHT CORP., GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case to the trial level for recalculation of permanent disability. Both applicant and defendant appealed the original decision, raising issues regarding the application of apportionment under Labor Code sections 4663 and 4664 and the calculation of permanent disability based on prior injuries. The Board found that the defendant must prove overlap between prior and current permanent disability rather than receiving an automatic deduction.

Workers' Compensation Appeals BoardEmery Worldwide Freight Corp.Gallagher BassettCarl Tarantoindustrial injuryheadachescervical spinelumbar spineright hippermanently disability rating
References
Case No. VNO 0506969
Regular
Jan 22, 2008

CLAYTON BELL vs. COUNTY OF SAN LUIS OBISPO

This case concerns a defendant's petition for reconsideration of a workers' compensation award. The defendant argued that the administrative law judge erred in awarding 45% permanent disability after apportionment, contending a lower percentage should have been applied based on a prior award. The Workers' Compensation Appeals Board denied reconsideration, finding the defendant failed to meet its burden of proving overlap between the current and prior permanent disability under Labor Code section 4664. A dissenting opinion argued that apportionment under section 4663 also failed due to insufficient medical evidence.

Workers' Compensation Appeals BoardClayton BellCounty of San Luis ObispoJoint Findings and AwardDeputy SheriffIndustrial InjuryBack and Neck InjuryPermanent DisabilityApportionmentSenate Bill 899
References
Case No. ADJ9020574
Regular
Jan 03, 2020

Antonio Hernandez vs. TS STAFFING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LUMBERMEN'S UNDERWRITING ALLIANCE in Liquidation, SEDGWICK CLAIMS MANAGEMENT SERVICES (Claims Administrator)

This case concerns an applicant seeking reconsideration of a permanent disability award in a workers' compensation claim. The Administrative Law Judge (WCJ) apportioned the applicant's permanent disability based on Labor Code Section 4663, which the applicant argued was incorrect. The applicant contended that Section 4664(b) should have applied due to a prior award, requiring a different apportionment method. The Appeals Board affirmed the WCJ's decision, finding that the applicant failed to establish the necessary prerequisites for Section 4664(b) apportionment. Specifically, the prior award lacked sufficient detail regarding the basis of its rating, and medical opinions attempting to apply Section 4664(b) were not based on substantial medical evidence.

Labor Code Section 4663Labor Code Section 4664(b)apportionmentpermanent disabilitysubstantial medical evidenceAgreed Medical Evaluator (AME)Panel Qualified Medical Evaluator (PQME)prior awardoverlapfactors of disability
References
Case No. ADJ3416937 (SRO 0141443) ADJ4476347 (SRO 0118020)
Regular
Apr 25, 2011

TIMOTHY ROBINSON vs. COUNTY OF SONOMA, Permissibly Self-Insured

This case concerns apportionment of permanent disability for an injured correctional officer. The applicant sustained an admitted industrial injury to his neck, resulting in a 12% permanent disability after initial apportionment. The WCJ calculated a total permanent disability of 43%, then apportioned 20% to non-industrial factors under Labor Code section 4663. Further apportionment occurred for a prior low back injury under Labor Code section 4664, using a converted rating from the old schedule to the new AMA Guides. The Appeals Board affirmed the WCJ's decision, finding no prohibition against applying both section 4663 and section 4664 apportionment, and deeming the prior injury properly converted and subtracted. A dissenting opinion argued that the older rating schedule's "overlap" concept is incompatible with the current AMA Guides method, and that the defendant failed to prove overlap for the prior injury.

Workers' Compensation Appeals BoardCounty of SonomaTimothy RobinsonCorrectional OfficerIndustrial InjuryNeck InjuryPermanent DisabilityApportionmentLabor Code Section 4663Labor Code Section 4664
References
Case No. ADJ9225207
Regular
Dec 07, 2018

Javier Lopez vs. Sturtevant Farms, State Compensation Insurance Fund

This case concerns Javier Lopez's claim for 100% permanent disability due to a June 7, 2013 injury to his corticospinal tract, resulting in incontinence and leg pain. The defendant, Sturtevant Farms, sought reconsideration, arguing prior permanent disability awards should be deducted, earnings were misrepresented, the date of birth was incorrect, and attorney fees were improperly awarded. The Workers' Compensation Appeals Board denied the petition, upholding the judge's findings based on the lack of established overlap between prior and current disabilities and sufficient evidence for earnings and date of birth. The Board also noted the defendant lacked standing to challenge attorney fees.

ADJ9225207Permanent DisabilityApportionmentLabor Code section 4664(c)(1)Labor Code section 4663Labor Code section 4664(b)corticospinal tract injurybowel and bladder incontinencecompensable consequence psyche injuryaverage weekly earnings
References
Case No. LAO 0764631, LAO 0764634, LAO 0786522
Regular
Sep 18, 2007

MYRTLE HOWE vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board rescinded an Administrative Law Judge's award due to issues with apportionment of the applicant's permanent disability. The Board remanded the case to allow for reconsideration of orthopedic apportionment based on an Agreed Medical Evaluator's report and psychiatric apportionment under Labor Code § 4664. Additionally, the Board ordered a re-evaluation of the timeliness and correctness of permanent disability advance payments, as well as potential penalties.

ApportionmentLabor Code § 4663Labor Code § 4664Permanent Total DisabilityAgreed Medical EvaluatorOrthopedic Permanent DisabilityPsyche DisabilityPermanent Disability AdvancesPenaltyWCJ Findings
References
Case No. OAK 0299866 OAK 0299867 OAK 0299868 OAK 0308810
Regular
Feb 08, 2008

JOAN STEPP vs. COUNTY OF CONTRA COSTA

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinding the prior award. The Board remanded the case for further proceedings, requiring the administrative law judge to reconsider the applicant's permanent disability in light of the ruling in *Benson v. The Permanente Medical Group*. This decision emphasizes the need for physicians to provide specific apportionment of disability causation, consistent with Labor Code Sections 4663 and 4664, rather than combining disabilities from distinct injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award & OrderAdministrative Law JudgeCumulative TraumaUpper ExtremitiesLow BackSpinePermanent Total DisabilityApportionment
References
Case No. ADJ838588 (VNO 0384987) ADJ2342741 (VNO 0384985) ADJ1363723 (VNO 0384986)
Regular
Nov 10, 2016

RICHARD PEREZ vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT

This case concerns applicant Richard Perez's claim for increased permanent disability benefits for injuries sustained as a deputy sheriff. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a prior award, but affirmed the WCJ's denial of the defendant's request to apportion the increased disability. The WCAB reasoned that applying the current Labor Code sections 4663 and 4664 for apportionment would retroactively amend a prior award, violating legislative intent. Therefore, the applicant is entitled to an unapportioned increase in permanent disability, with clerical errors corrected in the award.

WCABPetition for ReconsiderationFindings Award and OrderWCJdeputy sheriffbilateral shouldersleft kneeleft forearmstipulated awardaverage weekly earnings
References
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