dealing with Compromise and Release
decision
claim alleging two
claims for injury. The
was an injury to the back. It was
admitted. The second injury was
admitted, and occurred on
August 2, 2002. It also was to
the back.
resulted in the applicant having a
lateral microdiscectomy. The
applicant was rehabilitated. The
case settled by compromise and
Release in September 1999.
passed, prior to the current
injuries.
(WCJ) who found for the 2001
and 2002 cases the applicant was
not entitled to anything. The WCJ
reasoned the applicant had a prior
disability of no heavy work for
the 1998 injury and the same
restriction for the 2001 and 2002
injuries. Applicant petitioned for
reconsideration. The Workers'
Compensation Appeals Board
issued an en banc decision.
more, is not a basis for
apportioning under Labor Code
section 4664 (b). A compromise
and release does not constitute an
"award of permanent disability".
Release even thought there is no
prior disability, the medical
reports and other evidence may
be "other factors". Under Labor
Code section 4663 "other
factors... including prior injuries"
are a proper basis for
apportionment. Here, the WCJ
did not consider that.
from a prior injury under section
4663, but not 4664.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 252-1300
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