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

Case No. GOL 97477, GOL 97480, GOL 97481
Regular
Apr 18, 2008

MARY PRILEPINE vs. MEDTRONIC PS MEDICAL, INC., ESIS/EMPLOYERS SELF-INSURANCE SERVICE

This case involves an applicant who sustained multiple industrial injuries to her forearms, back, neck, wrists, hands, and elbows over several years. The Workers' Compensation Appeals Board granted reconsideration to apply the recent *Benson* decision, which modified the application of the *Wilkinson* rule for combining permanent disability awards. Consequently, the Board deferred findings on permanent disability and apportionment for further development of the record in light of *Benson*'s causation-based approach.

Petition for ReconsiderationPermanent Disability Rating ScheduleWilkinsonApportionmentCausationBensonTylerMcCluneMcDuffieWCJ
References
Case No. VNO 497801; VNO 497802 VNO 497803; VNO 497804
Regular
Feb 14, 2008

ANDREW LAVIGNE vs. COUNTY OF LOS ANGELES

The Appeals Board rescinded the prior award and returned the case for further proceedings, requiring a new WCJ to reconsider permanent disability and apportionment based on *Benson v. The Permanente Medical Group*. The WCJ must determine which Permanent Disability Rating Schedule applies to each injury and may need to further develop the medical record to ensure substantial evidence supports any findings. The decision emphasizes that *Benson*'s rule on apportionment based on causation is now binding.

Appeals BoardReconsiderationJoint Findings and AwardPermanent DisabilityApportionmentWilkinsonBensonPDRSAldiPendergrass
References
Case No. WCK 0069325
Regular
Jan 15, 2008

DAVID C. ERVIN vs. A. C. TRANSIT DISTRICT, GATES MCDONALD

This case concerns an injured worker who sustained industrial injuries to his right knee and low back across two separate periods. The Appeals Board rescinded the original decisions, finding that the WCJ must revisit permanent disability and apportionment calculations in light of the recent *Benson* en banc decision. The WCJ must now apply the *Benson* rule, which requires apportionment based on causation considering all potential disability contributors, not just industrial injuries.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability Rating Schedule (PDRS)Multiple Disabilities Table (MDT)WilkinsonBensonApportionmentCausationAgreed Medical Evaluator (AME)Industrial Injury
References
Case No. GRO 0032759, GRO 0032760, GRO 0032761
Regular
Jul 16, 2008

CALIFORNIA MEN'S COLONY vs. Legally Uninsured; STATE COMPENSATION INSURANCE FUND

This case involves an applicant's claim for permanent disability benefits arising from multiple injuries, including specific and cumulative trauma to the left knee and high blood pressure. The original decision apportioned liability for the knee injury per the *Wilkinson* standard, but the Appeals Board rescinded this due to new case law (*Benson*) requiring apportionment based solely on causation. The matter is returned for further proceedings to apply the *Benson* standard and potentially consider other relevant legal decisions.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentWilkinsonCumulative TraumaDiminished Earning CapacityLabor Code Section 4660Permanent Disability Rating ScheduleBoughner
References
Case No. ADJ800932 (OAK 0299866) ADJ2725270 (OAK 0299867) ADJ635812 (OAK 0299868) ADJ4541817 (OAK 0308810)
Regular
Feb 16, 2010

JOAN STEPP vs. COUNTY OF CONTRA COSTA

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the previous award, and returned the case for further proceedings. The Board found the prior decision to be insufficient regarding apportionment of disability among multiple injuries as required by *Benson*. Additionally, the Board questioned the vocational expert's analysis for a finding of total permanent disability, as it did not adequately address retraining feasibility per *LeBoeuf*. The matter is remanded for the Agreed Medical Evaluator to provide clarified apportionment opinions and for a new decision consistent with *Benson* and *LeBoeuf*.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuriesCumulative TraumaPermanent Total DisabilityApportionmentAgreed Medical EvaluatorBensonLeBoeufVocational Expert
References
Case No. OAK 0284707, OAK 0291936
Regular
Jan 29, 2008

SHARON TAKAHASHI vs. COUNTY OF ALAMEDA, OCTAGON RISK MANAGEMENT

This case involves two cumulative trauma injuries to applicant's upper extremities. The Appeals Board rescinded prior findings and remanded the case for new decisions due to the WCJ's failure to apply the controlling case law of *Benson* and *Brodie*. These cases mandate a causation-based apportionment and a percentage-based calculation for permanent disability indemnity, rather than the WCJ's previous approach.

Workers' Compensation Appeals BoardIndustrial injuryUpper extremitiesConsequential headachesLeft knee injuryRight ankle injuryPermanent disabilityAttorney's feesCumulative traumaApportionment
References
Case No. MON 315604 MON 315605
Regular
Feb 15, 2008

KEVIN S. LACY vs. HOUSE OF BILLIARDS, ZENITH INSURANCE COMPANY c/o OCTAGON INSURANCE SERVICES, STATEC COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board rescinded a prior award and remanded the case to the trial level for further proceedings and a new decision. The rescission was based on the need to re-evaluate permanent disability and apportionment in light of the *Benson* decision, which changed the rules for apportionment from *Wilkinson* to a causation-based standard. The Board also found that further development of the record was required to clarify the apportionment percentages between the two industrial injuries.

Workers Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentWilkinsonBensonCausationIndustrial InjuryMedical ReportDeposition Testimony
References
Case No. SRO 99047, SRO 100453, SRO 100595
Regular
May 28, 2008

CAROLYN FITZGERALD vs. DAVE'S PIT STOP, SUPERIOR NATIONAL, CIGA, BROADSPIRE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings. The WCJ's calculation of permanent disability and apportionment was found to be inconsistent with the California Supreme Court's decision in *Brodie* and subsequent WCAB en banc decision in *Benson*. The WCAB stated that the trial judge must reconsider permanent disability and apportionment in light of these rulings, potentially requiring further medical evidence development.

CIGASCIFSuperior NationalliquidationSROindustrial injuryleft kneebackcashierstock clerk
References
Case No. ADJ2841678 (VNO 0362199) ADJ165283 (VNO 0362198) ADJ2126242 (VNO 0297858)
Regular
Mar 24, 2011

BRENDA RAGGETT vs. CITY OF LOS ANGELES; Permissibly Self-Insured

The Workers' Compensation Appeals Board (WCAB) dismissed the City of Los Angeles' petition for reconsideration because it was filed untimely. The defendant's petition was submitted nearly two weeks after the statutory deadline. Even if the petition had been timely, the WCAB would have denied it on its merits, agreeing with the WCJ's report. The defendant sought reconsideration of an award combining three industrial injuries, arguing for separate awards under *Benson*, but the WCAB found the untimely filing to be dispositive.

WilkinsonBensonJoint Findings and AwardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitLabor Code section 5903Appeals Board Rule 10508State HolidayDismissal
References
Case No. LBO 333216
Regular
Mar 10, 2008

ROBERT LANCASTER vs. CITY OF HUNTINGTON BEACH

This case concerns an applicant police officer who sustained multiple industrial injuries, including spinal, hip, and psychological injuries. The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, recognizing that his case was indefinitely delayed awaiting clarification on injury combination rules. The WCAB's subsequent en banc decision in *Benson* clarified apportionment requirements, making the prior *Wilkinson* rule inapplicable and necessitating reconsideration of how the applicant's multiple injuries should be combined and apportioned.

Petition for RemovalOrder of Submissionpsychological prejudiceeconomic prejudiceindustrial injuriespermanent disabilityPetition for Reconsiderationbody part allegedjudicial economyen banc decision
References
Showing 1-10 of 176 results

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