WCAB
apportionment case
supreme court
decision
decision from the
supreme court.
Workers' Compensation Appeals
Board (WCAB). All of the cases
had an apportionment issue. In
each case there was either a
previous industrial injury or a
nonindustrial cause for the
permanent disability. In each
case the workers' compensation
judge (WCJ) applied the formula
for apportionment used in
appellate decisions. In Brodie v.
WCAB the court did not adopt
Fuentes. In Welcher v. WCAB
the appellate court followed
Fuentes.
apportionment problem. In a
great discussion they discussed
the history and reasoning of the
apportionment laws. In there
analysis they discuss Labor Code
sections 4658 and 4750.
2004. Labor Code sections 4663
and 4750 were repealed. A
revised section 4663 and a new
4664 section were enacted. This
resulted in the court questioning
whether Fuentes was still good
law.
applied by various Courts of
Appeal and the WCAB. The
Supreme Court needed to review
to solidify opinion under one
approach.
They compared the old and new
statutes. They asked the question
whether the legislature intended
to adopt a new and different
formula and determined the
answer was no.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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