rating instructions to the
Disability Evaluation Unit which
yielded an overall rating of 80%.
This was the subtraction method
of subtracting the prior 49%
award from the current 80 %
rating. The WCJ agreed and
issued a Findings and Award for
31%.
asking that the percentage not be
subtracted but rather the dollar
value be subtracted. The
applicant argued that Fuentes
was no longer controlling
because of the passage of SB
899.
this en banc decision stating that
Labor Code sections 4663 (c)
and 4664 (a) mandate that the
dollar amount) be subtracted.
the apportionment law under
Labor Code section 4750, which
was repealed, does not change
the legislative intent in adopting
the new apportionment statutes.
then subtract the percentage of
permanent disability caused by
other factors under section 4663
(c) or previously awarded under
section 4664 (b).
decision of the
WCAB,
industrial injury to his low back.
The major issue at the time of
trial was permanent disability
and apportionment. The
applicant had a prior injury at
the same employer to the same
part of the body. The applicant
received a stipulated Award on
the prior injury of 49%.
Compensation Judge (WCJ) took
judicial notice of the prior 49%
Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine Phone:
949 252-1300
Click here for printable version