get apportionment under Labor Code
section 4750.5 for a subsequent non-
injury event such as a pregnancy.
WCAB
constantly changing is never more
evident than in this case. As we know
apportionment can be found under
Labor Code section 4663 for a
preexisting disease or condition. You
can also obtain apportionment under
Labor Code section 4750 for a
preexisting permanent disability or
physical impairment. To get
apportionment under either section the
preexisting disability must be "labor
disabling".
apportionment to subsequent injuries.
Then in the Jenson case the court
stated that you cannot obtain
apportionment to subsequent injuries
only preexisting
to overrule Jenson and let defendants
get apportionment to subsequent
non-compensable injuries. This Court
looked at that language and analyzed
definitions under the various decisions
to determine the words,
"non-compensable injury" and
"subsequent".
employers, injuries, and subsequent
pregnancies to industrial injuries. The
applicant also alleged carpal tunnel
syndrome as industrial. Some medical
opinion may ascribe to the theory that
carpal tunnel can be aggravated
by-pregnancy. Therefore, a doctor may
try to apportion to this. In this case they
apportioned 50% to subsequent
non-industrial injury which happened to
be unemployment and pregnancy. In
this case "unemployment" occurred
between the first and second injury, and
between the second and third injury.
The pregnancies occurred
contemporaneously with the first injury
and after the third injury.
discussed the meaning of Labor Code
section 4750.5 in a published opinion.
So this Court determined that
"Unemployment" cannot be regarded
specifically say that pregnancy could
not be regarded as an injury, but slated
that the doctor s did not explain in what
manner applicants pregnancy
constituted and "injury" or caused any
permanent disability. Reading between
the lines it would be difficult to ever
see the Court find a pregnancy an
injury. They went on to state that under
4750.5 it is unlikely that the legislature
ever intended that the statute would be
applied to pregnancy or unemployment.
has indicated that pregnancy and
unemployment will not constitute
"non-compensable injuries". The rest
will have to be decided on a case
by-case basis.
Code section 5500.5 although it
mentions in footnote three that,
apportionment may arise under that
statute. Whether 5500.5 was raised in
the underlying case is unclear.
FIRM: SAMUELSEN,
GONZALEZ, VALENZUELA AND
SORKOW
PHONE: (310) 831-0872
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