Home/Case Law/ALBERT ASTORGA vs. ARIZONA PIPELINE, ZURICH AMERICAN INSURANCE COMPANY
Regular DecisionReconsideration

ALBERT ASTORGA vs. ARIZONA PIPELINE, ZURICH AMERICAN INSURANCE COMPANY

Filed: Jul 21, 2008
AHM 0067407

CompFox AI Summary

The Appeals Board found that despite a prior finding of total rehabilitation, Labor Code Section 4664(c)(1) mandates applying a lifetime cap for spine injuries. Therefore, a prior 17% permanent disability award from 1984 must be subtracted from the applicant's current 100% permanent disability finding. The applicant is ultimately awarded 83% permanent disability, with the case returned for calculation of the indemnity award and attorney fees.

Full Decision Text1 Pages

The Appeals Board found that despite a prior finding of total rehabilitation, Labor Code Section 4664(c)(1) mandates applying a lifetime cap for spine injuries. Therefore, a prior 17% permanent disability award from 1984 must be subtracted from the applicant's current 100% permanent disability finding. The applicant is ultimately awarded 83% permanent disability, with the case returned for calculation of the indemnity award and attorney fees.

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