CompFox AI Summary
This case concerns two industrial injuries to Andrew Halton's low back and knees sustained in 1998 and 1999. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award that combined both injuries, found 100% permanent disability without apportionment, and applied the 1997 Permanent Disability Rating Schedule. The WCAB rescinded the award, returning the cases for further proceedings, because the trial judge did not follow the apportionment principles established in the then-pending Benson case, which addressed the impact of SB 899 on combining successive injuries. The WCAB agreed that the 1997 schedule was correctly applied but deferred the apportionment issue due to its pending appellate review.
Full Decision Text1 Pages
This case concerns two industrial injuries to Andrew Halton's low back and knees sustained in 1998 and 1999. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award that combined both injuries, found 100% permanent disability without apportionment, and applied the 1997 Permanent Disability Rating Schedule. The WCAB rescinded the award, returning the cases for further proceedings, because the trial judge did not follow the apportionment principles established in the then-pending Benson case, which addressed the impact of SB 899 on combining successive injuries. The WCAB agreed that the 1997 schedule was correctly applied but deferred the apportionment issue due to its pending appellate review.
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