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

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 The Appeals Board rescinded prior findings and remanded the case for new decisions due to the WCJ's failure to apply the controlling case law of *Benson* and *Brodie*.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. 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The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings.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. FRE 231905
Regular
Aug 06, 2007

DONALD VAN NESS vs. CLOVIS UNIFIED SCHOOL DISTRICT, PSI, Administered By TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board rescinded a prior award, returning the case to the administrative law judge for recalculation of permanent disability indemnity and attorney fees. This decision was based on the California Supreme Court's ruling in *Brodie v. Workers' Comp. Appeals Bd.*, which clarified that the "subtracting percentages from percentages" method remains the proper approach for permanent disability apportionment post-Senate Bill 899. The Board directed the judge to apply *Brodie* and conduct further proceedings as needed.

Workers' Compensation Appeals BoardDonald Van NessClovis Unified School DistrictTristar Risk ManagementOpinion and Decision After ReconsiderationLabor Code section 4664apportionmentpermanent disabilityFindings and AwardErickson v. Kaiser Permanente
References
Case No. SAC 316687
Regular
Feb 28, 2008

STEVE OLSON vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a correctional lieutenant claiming cumulative industrial injury to his heart, hypertension, diabetes, and GERD. The original decision apportioned 80% of his permanent disability to non-industrial causes, but the Appeals Board rescinded this. The Board determined that Labor Code section 4663(e) exempts safety officers like the applicant from apportionment for presumed injuries, and the calculation of permanent disability indemnity must now follow the *Brodie/Welcher* standard.

Workers' Compensation Appeals BoardSAC 316687Steve OlsonDepartment of CorrectionsState Compensation Insurance FundOpinion and Decision After Reconsiderationcorrectional lieutenantcumulative industrial injuryhearthypertension
References
Case No. AHM 91449
Regular
Oct 22, 2007

KEVIN MARTIN vs. ALLIANCE IMAGING, HARTFORD INSURANCE, SPECIALTY RISK SERVICES

This case concerns Kevin Martin's workers' compensation claim for a cumulative trauma back injury. The Appeals Board affirmed the judge's decision to apportion permanent disability by deducting the prior percentage of disability, not its monetary value, as per *Brodie v. WCAB*. The Board also amended the award to grant the defendant credit for temporary disability overpayments and EDD reimbursement.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardCumulative TraumaApportionmentPermanent DisabilityTemporary DisabilityLabor Code § 4664Brodie v. Workers' Comp. Appeals Bd.Fuentes v. Workers' Comp. Appeals Bd.
References
Case No. LBO 357504
Regular
Apr 01, 2008

ANNETTE McGLOVER vs. HEALTHSOUTH CORPORATION, ACE USA INSURANCE COMPANY c/o ESIS, INC.

This Workers' Compensation Appeals Board decision clarifies permanent disability apportionment for an applicant with a prior low back injury. The Board affirmed a 50% apportionment to "other factors," which included the prior injury, and calculated the compensable permanent disability at 26.5% after applying the Supreme Court's ruling in *Brodie*. Consequently, the applicant's attorney's fee was set at 15% of the awarded permanent disability indemnity.

Workers' Compensation Appeals BoardReconsiderationApportionmentLabor Code § 4663Labor Code § 4664Permanent Disability IndemnityBrodie v. Workers' Comp. Appeals Bd.Industrial InjuryLow Back InjuryNeck Injury
References
Case No. WCK 0067569
Regular
Dec 12, 2007

DELLA D'ETTEL vs. LONGS DRUG STORES CORPORATION, Permissibly Self-Insured, AIG CLAIMS SERVICES

The Appeals Board amended the original award to correctly apportion the applicant's permanent disability, applying the new apportionment law only to the "new and further disability." The Board calculated the applicant's overall industrial permanent disability at 77.25 percent by subtracting the non-industrial factors from the increase in disability and adding it to the original award. This amended calculation, consistent with *Vargas* and *Brodie*, determined the final permanent disability indemnity and life pension.

Della D'EttelLongs Drug Stores CorporationAIG Claims ServicesWCK 0067569ReconsiderationNew and Further DisabilityPermanent Partial DisabilityApportionmentLabor Code section 4663SB 899
References
Case No. STK 0188538
Regular
Jul 02, 2008

DAVID DYKES vs. E. & J. GALLO WINERY

The Workers' Compensation Appeals Board granted the defendant's petition to reopen a prior award due to a change in the law established by the Supreme Court in *Brodie v. Workers' Comp. Appeals Bd.* This change in law clarified the method for calculating permanent disability indemnity after apportionment, overriding a prior appellate court decision that the Board had relied on. Consequently, the Board rescinded the previous decision, granted the petition to reopen, and remanded the case to recalculate permanent disability indemnity based on the controlling Supreme Court precedent.

WCABPetition to ReopenReconsiderationRes JudicataGood CauseChange of LawLaw of the CaseApportionmentPermanent Disability IndemnityLabor Code Sections 4663
References
Case No. ADJ3418200 (SJO 0251518)
Regular
Oct 28, 2013

MARC ANEMONE vs. SASCO ELECTRIC, TRAVELERS

The Workers' Compensation Appeals Board (WCAB) reconsidered a prior decision awarding applicant $100\%$ permanent disability and a substantial attorney fee. The defendant argued that the $100\%$ permanent disability award was legally excessive, citing *Brodie v. Workers' Comp. Appeals Bd.*, and sought apportionment for psychiatric and internal injuries. The WCAB affirmed the original findings and award, adopting the WCJ's reasoning and finding the chosen commutation method for attorney fees appropriate. This method accounts for future increases in applicant's disability payments due to SAWW adjustments.

Petition for ReconsiderationFindings and Awardindustrial injurypermanent disabilityattorney feescommutationuniformly increasing reductionstate average weekly wageSAWW adjustmentsLabor Code section 4659(c)
References
Case No. GRO 0024018
Regular
Jul 24, 2007

MICHAEL SALAZAR vs. BERG ELECTRIC CORPORATION, AIG/AMERICAN INTERNATIONAL CLAIMS SERVICES

The Workers' Compensation Appeals Board affirmed a prior decision, finding the applicant's permanent disability from a 2000 back injury was 23% after apportionment. The Board held the administrative law judge correctly calculated permanent disability, following the method affirmed by the California Supreme Court in *Brodie*. Furthermore, the Board found the defendant sufficiently proved apportionment based on a Qualified Medical Evaluator's report, even without submitting prior injury medical records.

Workers' Compensation Appeals BoardMichael SalazarBerg Electric CorporationAIGAmerican International Claims ServicesOpinion and Decision After Reconsiderationindustrial injurylow backmultiple surgeriesprior industrial injuries
References
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