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

Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. SAC 247444
Regular
Mar 24, 2008

KATHRYN OIEN-LENTZ vs. CITY OF FOLSOM CORRECTIONAL FACILITY, HIH AMERICA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES

The applicant sustained multiple industrial injuries as a correctional officer. The Workers' Compensation Appeals Board granted reconsideration to address the defendant's contention that the administrative law judge erred in amending the award based on outdated legal precedent (*Wilkinson*). The Board, in light of their en banc decision in *Benson v. Permanente Medical Group*, amended the award to defer the determination of permanent disability and returned the case for further proceedings consistent with the new causation-based apportionment requirements.

Workers' Compensation Appeals BoardCity of Folsom Correctional FacilityHIH AmericaCalifornia Insurance Guarantee AssociationIntercare Insurance ServicesKathryn Oien-Lentzcorrectional officerindustrial injuriesneckwrists
References
Case No. SRO 0122159
En Banc
Jun 09, 2005

Danny Nabors vs. Piedmont Lumber & Mill Company, State Compensation Insurance Fund

The Appeals Board held that when awarding permanent disability after apportionment, the correct method is to subtract the percentage of disability from a prior award from the overall percentage of current disability before calculating the indemnity owed.

SB 899apportionmentpermanent disabilityFuentesLabor Code section 4750Labor Code section 4663Labor Code section 4664en bancWCABWCJ
References
Case No. ADJ3566182 (SAL 0077480) ADJ2182459 (SAL 0064054) ADJ3789006 (SAL 0067540) ADJ3867926 (SAL 0067541) ADJ1537096 (SAL 0069548) ADJ3077033 (SAL 0090420) ADJ1445385 (SAL 0100034)
Regular
Nov 07, 2008

JOSE PADILLA vs. CAMPBELL'S FRESH, Permissibly SelfInsured and Adjusted By CONSTITUTION STATE SERVICE COMPANY; LIBERTY MUTUAL INSURANCE COMPANY; TRAVELERS INSURANCE COMPANY; ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration of the WCJ's decision, rescinding it due to an unresolved issue regarding permanent and stationary dates for the applicant's injuries. The WCJ's reliance on the *Benson* decision for separate permanent disability awards was questioned given that *Benson* was under appellate review. The case is returned to the WCJ to clarify whether the permanent and stationary dates for the various injuries are the same, and to await the appellate decision in *Benson* if they are.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersPermanent DisabilityReconsiderationCumulative TraumaAgreed Medical EvaluatorApportionmentBenson v. The Permanente Medical GroupWilkinson v. Workers' Comp. Appeals Bd.
References
Case No. ADJ427560 (VNO 0474553)
Regular
Jun 27, 2016

Sharon Shinedling vs. Kaiser Permanente, Sedgwick Claims Management Services

The Workers' Compensation Appeals Board granted Kaiser Permanente's Petition for Reconsideration to amend a clerical error in the original Findings and Award. The original award found the applicant $100\%$ permanently disabled due to a May 2, 2002 injury as a social worker. The amendment clarifies that Dr. Alban's apportionment is valid, attributing $80\%$ of the lumbar spine disability to the date of injury. All other aspects of the original award remain affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityLabor Code section 4750ApportionmentLumbar spineClerical errorWCJSedgwick Claims Management Services
References
Case No. OAK 0297895, OAK 0326228
En Banc
Dec 13, 2007

Dianne Benson vs. The Permanente Medical Group, Athens Administrators

The Appeals Board holds that the rule from Wilkinson v. Workers’ Comp. Appeals Bd., allowing a combined disability award for successive injuries, is no longer generally applicable after SB 899 reforms, mandating that apportionment must be based on causation for each separate injury.

SB 899Wilkinson ruleApportionmentCausationPermanent disabilityCumulative traumaSpecific injurySuccessive injuriesAgreed Medical ExaminerEn banc decision
References
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