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Case No. OAK 0321116

Regular

Jun 25, 2008

RANDALL MINVIELLE vs. COUNTY OF CONTRA COSTA / CONTRA COSTA FIRE

The Workers' Compensation Appeals Board rescinded the prior award because the defendant failed to prove overlap between the applicant's 2004 and 1992 back injuries. Apportionment under Labor Code section 4664 was improper as the permanent disability from each injury was rated under different standards (1950 schedule vs. AMA Guides). The case was returned to the trial level to determine if both injuries could be rated under the same standard for proper apportionment.

Workers' Compensation Appeals BoardRandall MinvielleCounty of Contra CostaContra Costa Firelegally uninsuredOAK 0321116Opinion and Decision After Reconsiderationindustrial injuryfirefighterback injury

References

Case No. ADJ277378 (OAK 0321116)

Regular

Jan 04, 2010

RANDALL MINVIELLE vs. COUNTY OF CONTRA COSTA / CONTRA COSTA FIRE

The Workers' Compensation Appeals Board denied reconsideration, affirming the finding that the applicant sustained industrial injury to his back on November 22, 2004, resulting in 31% permanent disability without apportionment. The employer sought to subtract a prior 1992 award of 27.5% permanent disability under Labor Code section 4664. However, the Board found that the defendant failed to prove "overlap" because the two injuries were rated using different standards (PDRS for the prior injury and AMA Guides/ROM method for the current injury). Since the permanent disability from both injuries could not be calculated under the same standard, apportionment was not permitted.

Workers' Compensation Appeals BoardRandall MinvielleCounty of Contra CostaContra Costa Firelegally uninsuredfirefighterindustrial injuryback injurypermanent disabilityapportionment

References

Case No. ADJ7505404

Regular

Sep 30, 2016

ROSEMARY HERNANDEZ vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

This case involves applicant Rosemary Hernandez's industrial injury in 2007 as a correctional officer, resulting in lumbar spine and leg impairment. The Workers' Compensation Appeals Board (WCAB) affirmed the finding of 48% permanent disability, which was calculated by apportioning 8% of the disability to a prior 1989 injury. This apportionment was permissible because the agreed medical evaluator could rate the prior disability using the same AMA Guides method as the current injury, unlike in the *Minvielle* precedent. The majority found this consistent with Labor Code section 4664, which presumes prior permanent disability exists and allows for apportionment if overlap can be proven.

Labor Code section 4664Minvielle v. Workers' Comp. Appeals Bd.apportionmentprior awardpermanent disabilitylumbar spinereferred symptomsgait impairmentDRE methodAMA Guides

References

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RANDALL MINVIELLE vs. COUNTY OF CONTRA COSTA / CONTRA COSTA FIRE

Workers' Compensation Appeals BoardRandall MinvielleCounty of Contra CostaContra Costa Firelegally uninsuredfirefighterindustrial injuryback injurypermanent disabilityapportionment

ROSEMARY HERNANDEZ vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

Labor Code section 4664Minvielle v. Workers' Comp. Appeals Bd.apportionmentprior awardpermanent disabilitylumbar spinereferred symptomsgait impairmentDRE methodAMA Guides