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

Case No. MON 315604 MON 315605
Regular
Feb 15, 2008

KEVIN S. LACY vs. HOUSE OF BILLIARDS, ZENITH INSURANCE COMPANY c/o OCTAGON INSURANCE SERVICES, STATEC COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board rescinded a prior award and remanded the case to the trial level for further proceedings and a new decision. The rescission was based on the need to re-evaluate permanent disability and apportionment in light of the *Benson* decision, which changed the rules for apportionment from *Wilkinson* to a causation-based standard. The Board also found that further development of the record was required to clarify the apportionment percentages between the two industrial injuries.

Workers Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentWilkinsonBensonCausationIndustrial InjuryMedical ReportDeposition Testimony
References
Case No. GOL 97477, GOL 97480, GOL 97481
Regular
Apr 18, 2008

MARY PRILEPINE vs. MEDTRONIC PS MEDICAL, INC., ESIS/EMPLOYERS SELF-INSURANCE SERVICE

This case involves an applicant who sustained multiple industrial injuries to her forearms, back, neck, wrists, hands, and elbows over several years. The Workers' Compensation Appeals Board granted reconsideration to apply the recent *Benson* decision, which modified the application of the *Wilkinson* rule for combining permanent disability awards. Consequently, the Board deferred findings on permanent disability and apportionment for further development of the record in light of *Benson*'s causation-based approach.

Petition for ReconsiderationPermanent Disability Rating ScheduleWilkinsonApportionmentCausationBensonTylerMcCluneMcDuffieWCJ
References
Case No. SRO 119380, SRO 131429
Regular
Jan 29, 2008

MARGERY HAYES vs. O'BRIEN, WATTERS, DAVIS, ET AL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed the administrative law judge's decision to issue two separate awards for the applicant's cumulative trauma injuries, totaling $89\%$ permanent disability. This decision aligns with recent California Supreme Court and Appeals Board rulings requiring apportionment based on causation, rather than combining disabilities as previously allowed under the *Wilkinson* rule. The Board found substantial medical evidence supported the apportionment of disability between the two injury periods.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaApportionmentCausationWilkinsonBrodieBensonSB 899Permanent Disability
References
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
Case No. LBO 333216
Regular
Mar 10, 2008

ROBERT LANCASTER vs. CITY OF HUNTINGTON BEACH

This case concerns an applicant police officer who sustained multiple industrial injuries, including spinal, hip, and psychological injuries. The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, recognizing that his case was indefinitely delayed awaiting clarification on injury combination rules. The WCAB's subsequent en banc decision in *Benson* clarified apportionment requirements, making the prior *Wilkinson* rule inapplicable and necessitating reconsideration of how the applicant's multiple injuries should be combined and apportioned.

Petition for RemovalOrder of Submissionpsychological prejudiceeconomic prejudiceindustrial injuriespermanent disabilityPetition for Reconsiderationbody part allegedjudicial economyen banc decision
References
Case No. LBO 0362735, LBO 0362734
Regular
Jan 29, 2008

Steven A. Hill vs. TEK SYSTEMS/ALLEGIS, AIG, Administered by BRGADSPIRE, PASADENA UNIFIED SCHOOL DISTRICT, ZURICH NORTH AMERICA

This case concerns two workers' compensation injuries sustained by the applicant with different employers. The Appeals Board rescinded the original decision because the Administrative Law Judge erred in applying the old Permanent Disability Rating Schedule (PDRS) and the Wilkinson rule for successive injuries. The Board remanded the case for a new decision, requiring the judge to re-evaluate permanent disability and apportionment under current case law, including the recent Benson decision, and to reconsider the applicable PDRS based on subsequent legal interpretations.

Appeals BoardReconsiderationJoint Findings and AwardApplicantDefendantIndustrial InjuryPermanent Disability1997 PDRS2005 PDRSWilkinson
References
Case No. SAC 306565, SAC 306566, SAC 310519
Regular
Mar 18, 2008

GILBERT A. JONES, SR. vs. TRANSITIONAL COMMUNITY LIVING CENTER, STATE COMPENSATION INSURANCE FUND

This case involves an applicant who sustained industrial injuries in 2001 and 2002. The WCJ initially ruled to combine all injuries under the Wilkinson Doctrine for permanent disability, but the defendant sought reconsideration. The Appeals Board affirmed the WCJ's decision except for the findings on permanent disability and apportionment, remanding these issues for further development and application of the Benson decision, which replaced the Wilkinson Doctrine with a causation-based apportionment regime.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentWilkinson DoctrineLabor Code Sections 4663Labor Code Sections 4664Brodie DecisionFuentes DecisionBenson Decision
References
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
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
Case No. LBO 322722 LBO 322723 LBO 322724 LBO 322725 LBO 322726 LBO 322727
Regular
Dec 18, 2007

MARTIN HINDS vs. LOS ANGELES COUNTY FIRE DEPARTMENT, INTERCARE INSURANCE SERVICES

This case involves a Petition for Removal filed by applicant Martin Hinds against the Los Angeles County Fire Department. Hinds sought removal of the issues of permanent disability and apportionment, which had been taken off calendar by the WCJ for judicial economy pending a WCAB decision on the Wilkinson doctrine. The Appeals Board denied removal, adopting the WCJ's report and citing the en banc decision in Benson v. Kaiser Medical Group, which addressed the Wilkinson doctrine's applicability post-SB 899. The Board found no present need to postpone trial given Benson is binding and there's no multiplicity of conflicting appellate court opinions.

RemovalPetition for RemovalWCABBenson v. Kaiser Medical GroupWilkinson doctrineSB 899apportionmentcausation statutesLab. Code $\S \S 4663$4664(a)
References
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