(Dykes) . . . . . . . . . . . . . . . 1
apportionment that is published
decision
claim alleging a specific
injury to his back in
admitted as industrial.
in 1996. The case was settled for
20.5 permanent disability by
Stipulation with Request for
Award. This was equal to
$11,680 for the 1996 date of
injury.
Compensation Judge (WCJ). The
WCJ found the applicant 73 per
cent permanently disabled. From
this overall rating the WCJ
subtracted $11,680, not the 20.5
per cent. The defendant filed a
petition for reconsideration
contending that the percentage
needs to be subtracted, not the
dollar amount. The Workers'
Compensation Appeals Board
(WCAB) denied reconsideration
and agreed with the WCJ.
Fuentes v. WCAB did not apply
to the new legislation of SB 899.
formulas that could be used.
Formula A would subtract the
prior percent of disability, as in
Fuentes. Formula B looks to the
number of weeks that are paid.
This formula was rejected also.
Fuentes) which subtracts the
dollar amount of the previous
award. There reasoning was that
Fuentes relied on Labor Code
section 4750, which is repealed,
and replaced with section 4664.
his overall disability was 73 per
cent. This really does not make
sense and appears to be totally
contrary to all legislative intent.
This should be appealed to the
Supreme Court.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
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