Permanente Medical Group)
permanent disability for two separate
injuries and overrules Wilkinson decision
Appellate Court
decision that has
major implications.
case for workers'
compensation
with an en banc decision from the
Workers' Compensation Appeals
Board (WCAB).
trauma application in addition to
the specific injury. The applicant
was seen by an agreed medical
examiner who found the applicant
62% permanently disabled. The
doctor apportioned 50% to the
specific and 50% to the
cumulative trauma.
award of 62 percent applying
Wilkinson v. WCAB (1977). On
petition for reconsideration the
WCAB overturned the decision
indicating SB 899 abrogated the
Wilkinson doctrine and
apportioned two separate awards
of 31%.
Labor Code section 4750.
added new apportionment
statutes 4663 and 4664. The
court indicated the legislatures
intent to adopt a new
apportionment scheme
inconsistent with Wilkinson.
circumstances when the physician
cannot apportion between the
injuries. In these limited
circumstances then there would
be one combined award. That
was not the case here.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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