JUAN SANCHEZ vs. CITY OF SANTA CLARA, Permissibly Self-Insured, Adjusted By CAMBRIDGE, SUBSEQUENT INJURIES BENEFITS TRUST FUND
The Workers' Compensation Appeals Board affirmed a prior decision finding applicant Juan Sanchez totally and permanently disabled. This disability stemmed from a combination of industrial injuries, including a stroke, which qualified for a conclusive presumption of total disability under Labor Code section 4662(d). The defendant City of Santa Clara had argued for apportionment of this disability based on prior awards and the distinct nature of the current injuries. However, the Board found that the conclusive presumption of total disability under section 4662 precluded apportionment. The concurring opinion agreed with the outcome but differed on the strict interpretation of unapportionability, asserting that apportionment might be possible in other section 4662 cases if properly proven.