Home/Case Law/BRUCE BALBIRNIE vs. CITY OF LONG BEACH
Regular DecisionReconsideration

BRUCE BALBIRNIE vs. CITY OF LONG BEACH

Filed: Sep 11, 2007
San Francisco
MON 313615; MON 312443; MON 315655; MON 315656

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding of 74% permanent disability for the applicant fire captain. The Board found that the defendant employer failed to meet its burden of proof to demonstrate overlap with prior awards, citing that prior awards lacked specific work restrictions and applied to different body parts. The Court affirmed that the employer must prove the extent of overlap between prior and current disabilities to justify apportionment.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding of 74% permanent disability for the applicant fire captain. The Board found that the defendant employer failed to meet its burden of proof to demonstrate overlap with prior awards, citing that prior awards lacked specific work restrictions and applied to different body parts. The Court affirmed that the employer must prove the extent of overlap between prior and current disabilities to justify apportionment.

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BRUCE BALBIRNIE vs. CITY OF LONG BEACH (2007) – San Francisco | CompFox