REVIEWED IN KEY CASE BY WCAB
decision by the
WCAB
industrial injury on
February 12, 2002.
to the same body part in 1997.
The applicant had continuing
problems up until the current
injury. In fact, the applicant was
still receiving treatment on
January 31, 2002 for the 1997
injury.
November 13, 2003. A trial was
held on February 18, 2004. The
(WCJ) referred the case to the
Disability Evaluation Unit. The
case was deemed submitted.
apportionment legislation.
34%disability without
apportionment. Defendant filed a
petition for reconsideration which
resulted in this opinion.
an en banc decision that included
a concurring and dissenting
opinion. They could not reach a
unanimous decision on this
important issue. This case is
going to an appellate court for
review.
Code section 4663. If the new
statute applied the decision of the
WCJ would have to be rescinded.
They held in this case that the
case was submitted prior to April
19, 2004.
award, the apportionment
provisions of SB 899 apply to all
cases irrespective of the date of
injury.
were not sufficient.
to legislative intent.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Click here for printable version