Case No. ADJ4350009 (GOL 0097400), ADJ1791515 (GOL 0097890)RegularJul 21, 2015
Ned Pattiz vs. MTC Trucking, Inc., State Compensation Insurance Fund
The Workers' Compensation Appeals Board rescinded the prior award and remanded the case, finding the original decision improperly merged permanent disability findings for two separate injuries. The Board clarified that permanent disability must be assessed separately for each distinct industrial injury, and apportionment to prior non-industrial factors must be thoroughly addressed. The WCJ also erred by not addressing apportionment when finding 100% permanent total disability, as apportionment is always required. Finally, the Board found no evidence supported the finding of injury to the applicant's bilateral upper extremities.
ApportionmentPermanent Total DisabilityCumulative TraumaSpecific InjuryAgreed Medical ExaminerVocational ExpertDiminished Future Earning CapacityNeuropsychological DeficitsOrthopedic ConditionsLabor Code section 4662
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