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

Case No. ADJ3416937 (SRO 0141443) ADJ4476347 (SRO 0118020)
Regular
Apr 25, 2011

TIMOTHY ROBINSON vs. COUNTY OF SONOMA, Permissibly Self-Insured

This case concerns apportionment of permanent disability for an injured correctional officer. The applicant sustained an admitted industrial injury to his neck, resulting in a 12% permanent disability after initial apportionment. The WCJ calculated a total permanent disability of 43%, then apportioned 20% to non-industrial factors under Labor Code section 4663. Further apportionment occurred for a prior low back injury under Labor Code section 4664, using a converted rating from the old schedule to the new AMA Guides. The Appeals Board affirmed the WCJ's decision, finding no prohibition against applying both section 4663 and section 4664 apportionment, and deeming the prior injury properly converted and subtracted. A dissenting opinion argued that the older rating schedule's "overlap" concept is incompatible with the current AMA Guides method, and that the defendant failed to prove overlap for the prior injury.

Workers' Compensation Appeals BoardCounty of SonomaTimothy RobinsonCorrectional OfficerIndustrial InjuryNeck InjuryPermanent DisabilityApportionmentLabor Code Section 4663Labor Code Section 4664
References
6
Case No. ADJ7497019
Regular
Mar 14, 2019

ROBERT WILLIAM BATES vs. COUNTY OF SAN MATEO, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board affirmed a prior award finding the applicant sustained two cumulative heart injuries as a deputy sheriff. The defendant sought to apportion permanent disability between these injuries, citing Labor Code section 4664(a) and the *Benson* case. However, the Board ruled that Labor Code section 4663(e) prohibits apportionment to causation for injuries presumed industrial under Labor Code section 3212, overriding general apportionment rules. Therefore, the applicant's full permanent disability rating was awarded without apportionment.

Workers Compensation Appeals BoardCumulative InjuryHeart Trouble PresumptionLabor Code Section 3212ApportionmentLabor Code Section 4663(e)Benson v. WCABDeputy SheriffPermanent DisabilityAgreed Medical Evaluator
References
15
Case No. ADJ2425610 (STK 0180003), ADJ3704258 (STK 0181637), ADJ6883666
Regular
Aug 27, 2012

STATE ADAMS vs. STATE OF CALIFORNIA, CALIFORNIA YOUTH AUTHORITY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed prior findings awarding applicant cumulative industrial injuries to his circulatory and respiratory systems, and subsequent psychiatric injury. Applicant sought to reopen a stipulation for a 5% non-industrial apportionment based on a claimed change in law or mutual mistake of fact regarding Labor Code section 4663(e). The Board found no good cause to reopen, as section 4663(e) was declaratory of existing law and the defendant did not share applicant's asserted mistake. Therefore, the previous awards and stipulations, including the apportionment, remain valid.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental Findings and AwardCorrectional Youth CounselorCumulative Industrial InjuryCirculatory SystemRespiratory SystemPsychiatric InjuryPetition to ReopenNew and Further Disability
References
3
Case No. ADJ9020574
Regular
Jan 03, 2020

Antonio Hernandez vs. TS STAFFING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LUMBERMEN'S UNDERWRITING ALLIANCE in Liquidation, SEDGWICK CLAIMS MANAGEMENT SERVICES (Claims Administrator)

This case concerns an applicant seeking reconsideration of a permanent disability award in a workers' compensation claim. The Administrative Law Judge (WCJ) apportioned the applicant's permanent disability based on Labor Code Section 4663, which the applicant argued was incorrect. The applicant contended that Section 4664(b) should have applied due to a prior award, requiring a different apportionment method. The Appeals Board affirmed the WCJ's decision, finding that the applicant failed to establish the necessary prerequisites for Section 4664(b) apportionment. Specifically, the prior award lacked sufficient detail regarding the basis of its rating, and medical opinions attempting to apply Section 4664(b) were not based on substantial medical evidence.

Labor Code Section 4663Labor Code Section 4664(b)apportionmentpermanent disabilitysubstantial medical evidenceAgreed Medical Evaluator (AME)Panel Qualified Medical Evaluator (PQME)prior awardoverlapfactors of disability
References
10
Case No. GRO 0028123, GRO 0028394
Significant
Feb 27, 2006

Eric Pasquotto, Applicant vs. Hayward Lumber, Connecticut Indemnity Insurance Company, and Athens Administrators (Adjusting Agent)

This case holds that an order approving a compromise and release agreement is not a 'prior award of permanent disability' under Labor Code section 4664(b), but evidence from the prior injury may still be relevant for apportionment under section 4663. It also affirms that medical rehabilitation from a prior disability remains a viable concept under section 4663.

SB 899ApportionmentCompromise and ReleasePrior AwardPermanent DisabilityMedical RehabilitationOther FactorsLabor Code Sections 4663 and 4664En Banc DecisionWorkers' Compensation Appeals Board
References
57
Case No. ADJ204183 (GOL 0098320) ADJ1121946 (GOL 0098321) ADJ724233 (GOL 0088072)
Regular
Dec 23, 2008

MARC FAVERO vs. UCSB, SEDGWICK CMS

The Workers' Compensation Appeals Board rescinded the prior award and returned the case for further proceedings, finding that Labor Code section 4664 regarding apportionment was inapplicable due to differing rating systems. However, the Board determined that further development of the record was necessary under Labor Code section 4663 to clarify the physician's apportionment of permanent disability to prior injuries. The defendant bears the burden of proof for apportionment, and any supplemental medical opinions must meet substantial evidence standards.

Workers' Compensation Appeals BoardPermanent DisabilityApportionmentLabor Code section 4663Labor Code section 4664Agreed Medical ExaminerAMA GuidesWhole Person ImpairmentCumulative TraumaStipulations and Award
References
8
Case No. ADJ3496280 (MON 0341102)
Regular
Dec 02, 2008

MARCELLO CURKO vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) reconsidered a prior award finding a deputy sheriff sustained industrial injury to his back, neck, hip, and knee, resulting in 11% permanent disability. The defendant sought apportionment due to a prior 13% disability award for a back injury. The WCAB found that current rating methods under the AMA Guides prevent direct apportionment under Labor Code section 4664, as the disabilities are not rated on the same criteria. However, the WCAB remanded the case for further development of the record to explore apportionment under Labor Code section 4663, allowing for potential overlap with the prior injury.

Workers' Compensation Appeals BoardCounty of Los Angeles Sheriff's DepartmentTristar Risk ManagementDeputy SheriffIndustrial InjuryPermanent DisabilityApportionmentLabor Code Section 4664Labor Code Section 46631997 PDRS
References
8
Case No. GRO 0028123, GRO 0028394
En Banc
Feb 27, 2006

ERIC PASQUOTTO vs. HAYWARD LUMBER, CONNECTICUT INDEMNITY INSURANCE COMPANY, ATHENS ADMINISTRATORS

The Appeals Board held that a prior injury settlement via a compromise and release agreement does not constitute a 'prior award of permanent disability' under Labor Code section 4664(b) for apportionment purposes. However, evidence from the prior injury may still be relevant to determine apportionment based on causation under section 4663.

SB 899apportionmentcompromise and releaseprior awardpermanent disabilityLabor Code sections 46634664en banc decisionmedical rehabilitationother factors
References
58
Case No. ADJ9571986
Regular
Feb 22, 2019

ANNE CHOU vs. COUNTY OF RIVERSIDE

The Appeals Board granted reconsideration to address the apportionment of psychiatric permanent disability. The Board clarified that Labor Code section 3208.3(h) pertains to the causation of the injury itself, not the apportionment of permanent disability. Therefore, lawful nondiscriminatory personnel actions, which did not meet the 35% causation threshold for non-compensability, cannot be used to apportion permanent disability under Labor Code section 4663. Accordingly, the applicant's permanent disability was increased from 19% to 22%.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeIndustrial InjuryGastrointestinal SystemPsycheHypertensionTemporary DisabilityPermanent Disability
References
0
Case No. ADJ4693006 (VNO 0529733)
Regular
May 06, 2011

MICHAEL GARVEY vs. CITY OF LOS ANGELES; Permissibly-SelfInsured, c/o TRISTAR RISK MANAGEMENT

The Appeals Board amended the WCJ's decision, finding that apportionment of permanent disability was precluded by Labor Code section 4663(e) due to the presumption of industrial heart injury for police officers. The Board further determined the defendant failed to meet its burden of proving apportionment under Labor Code section 4664. Consequently, issues of permanent disability and attorney's fees were deferred to the trial level for further proceedings. The case was returned to the WCJ for a new decision after further action.

Workers' Compensation Appeals BoardReconsiderationLabor Code section 3212.5Police OfficerIndustrial InjuryHeart DiseaseCoronary Artery DiseaseCardiac ArrhythmiasHypertensionPermanent Disability
References
3
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