decision under section 4664
decision
decision that will surely
be vigorously fought at
The applicant stipulated to a 34
per cent permanent disability
based on a restriction of no heavy
lifting.
shoulder, left knee, left ankle and
right wrist. There was a
stipulation to 42 percent
limitation to light work. There
was apportionment to the prior
restriction of no heavy lifting.
semi-sedentary work. The
Workers' Compensation Judge
(WCJ) subtracted the rating for
the light work and gave the
applicant a 10 percent disability
after apportionment. The
applicant petitioned for
reconsideration.
determined that Labor Code
section 4664 still requires the
apportionment of overlapping
disabilities. This includes the
situation where you have a new
area of the body. In this case the
new area was the back, which
was not included in either of the
prior awards. Apportionment was
still appropriate.
prior award. The defendant must
offer into evidence a copy of the
prior award or ask the WCJ to
take judicial notice of the prior
award. If not available, it can also
be shown by secondary evidence.
not contend they rehabilitated
themself. Once shown the prior
award will be subtracted from the
current award. Overlap will be
determined using the principles
that were in existence prior to the
new legislation.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
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