LEONARD WHITELEY vs. CONCRETE EXPRESS, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INDEMNITY INSURANCE COMPANY by GAB ROBINS
This case involves a cement truck driver who sustained multiple industrial injuries, including a specific injury in 1998 and a cumulative trauma injury thereafter. Both the applicant and defendant Cal Indemnity sought reconsideration of a prior award, raising issues of compensable body parts, 100% permanent disability, and apportionment between the two injuries. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level to develop the record. This development will include obtaining a report from an independent physician to address the critical issue of apportionment of permanent disability between the distinct industrial injuries, as required by *Benson*.