WCAB, Salter
under Brodie decision is correct
decision that was not
published.
decision involving
interpretation of
100 per cent case.
suffered numerous workers'
compensation injuries. In 1994 it
was stipulated the applicant had a
60 per cent permanent disability
for these injuries.
did not reopen the prior cases.
The parties stipulated at trial the
applicant was 100 per cent
disabled. The workers'
compensation judge (WCJ) found
that there was only one
cumulative trauma instead of two
injuries. The judge only allowed
the monetary amount of the prior
award for 60 per cent jto be
deducted from a 100 percent
award, instead of deducting the
percentage. The Workers'
Compensation Appeals Board
(WCAB) eventually denied the
employers petition for
reconsideration.
filed a writ with the Supreme
Court who transferred the case
back to the appellate court with
the instruction to vacate the
decision.
decision and decided the changes
in the apportionment law with
SB899 did not change using
Formula A as was used in the
Fuentes decision.
percent disabled, the prior 60
percent needed to be subtracted.
Thus, 60 per cent is subtracted
from 100 per cent and the
applicant only gets 40 per cent.
That is the applicant gets the
dollar value of 40 percent for that
date of injury.
although two were filed.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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