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Case Law Database

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

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
10
Case No. VNO 0453567, VNO 0453569
Regular
Jan 23, 2008

GEORGE FORTNER, JR. vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board rescinded a prior decision that combined permanent disability ratings for two industrial injuries. This action was based on the recent en banc decision in *Benson v. The Permanente Medical Group*, which held that the *Wilkinson* rule for combining disabilities is generally no longer applicable due to new apportionment requirements. The case is returned to the trial level for the judge to revisit permanent disability ratings consistent with the *Benson* decision.

Workers Compensation Appeals BoardGeorge Fortner Jr.County of Los AngelesPermissibly Self-InsuredVNO 0453567VNO 0453569Opinion and Decision After ReconsiderationJoint Findings and AwardIndustrial InjuryLow Back
References
2
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 The Appeals Board rescinded the original decisions, finding that the WCJ must revisit permanent disability and apportionment calculations in light of the recent *Benson* en banc decision.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
2
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
5
Case No. MON 225200 MON 225201
Regular
Mar 05, 2008

ERMA LESTER vs. STATE OF CALIFORNIA/BOARD OF EQUALIZATION; SCIF

The Appeals Board granted reconsideration to address the defendant's challenges to the original award, particularly concerning the application of the *Wilkinson* rule and apportionment of permanent disability. The Board rescinded the original decision, finding the *Wilkinson* rule is no longer generally applicable under *Benson* and requiring the WCJ to re-evaluate permanent disability and apportionment based on causation. The case is returned to the trial level for further proceedings and a new decision consistent with *Benson*, addressing potential issues of apportionment between the two alleged injuries.

Workers Compensation Appeals BoardReconsiderationFindings and AwardFibromyalgiaTemporary DisabilityPermanent DisabilityApportionmentWilkinson ruleBenson v. The Permanente Medical GroupLabor Code Section 4663
References
3
Case No. GRO 0030299 GRO 0033215 GRO 0034583
Regular
Jan 24, 2008

DEBRA A. FLORES vs. FACTORY 2 U STORES, INC.; ROYAL SUN & ALLIANCE, Adjusted by INTEGRATED INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that the WCJ erred in applying the *Wilkinson* doctrine for combining permanent disability awards in successive injury cases. The Board rescinded the previous award, remanding the case for further development of the record and reanalysis under the *Benson* en banc decision. This decision clarifies that *Benson* mandates apportionment based on causation, effectively superseding the *Wilkinson* rule for cases decided after SB 899.

SB 899Wilkinson doctrineBenson v. The Permanente Medical Groupapportionmentcausationsuccessive injuriespermanent disabilityindustrial injuryretail storesupervisor
References
10
Case No. GRO 0034542 GRO 0034543
Regular
Aug 04, 2008

BRADLEY LORENZ vs. STOWASSER PONTIAC, INTERCARE INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to both applicant and defendant regarding a prior award for two industrial injuries. The Board rescinded the prior award and returned the case to the trial level, pending a decision in *Benson v. Workers' Comp. Appeals Bd.*, which addresses the application of the *Wilkinson* rule regarding combined permanent disability from successive injuries. The case will be further considered at the trial level after the *Benson* decision or other court guidance.

Coming and Going RuleJoint Findings and AwardReconsiderationPetitionsPermanent DisabilityIndustrial InjuriesCar Lot ManagerGross InjurySeparate Permanent DisabilityCombined Permanent Disability
References
3
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
3
Case No. ADJ1940742 (SRO 0119298) ADJ4521061 (SRO 0119299)
Regular
Dec 15, 2008

ROSE SCARBERRY vs. WILLITS HOSPITAL, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision that issued separate permanent disability awards for two industrial injuries, relying on the then-current *Benson* ruling. The WCAB deferred the issues of permanent disability and attorney's fees pending a Court of Appeal decision on *Benson*, which addressed whether successive injuries becoming permanent and stationary simultaneously should be combined or rated separately. The WCAB ordered the defendant to issue advances for permanent disability indemnity based on the original award amounts while withholding a portion pending the final resolution.

ScarberryWillits HospitalLiberty Mutual InsuranceADJ1940742ADJ4521061Licensed Vocational NurseIndustrial InjuryNeck InjuryLow Back InjuryPermanent Disability
References
3
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
7
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