Home/Case Law/DAVID MARTONE vs. DISTRICT; GREGORY BRAGG & ASSOCIATES, Central Fire Protection District
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DAVID MARTONE vs. DISTRICT; GREGORY BRAGG & ASSOCIATES, Central Fire Protection District

Filed: Oct 29, 2008
San Francisco
ADJ3742826 (SAL 0119321)

CompFox AI Summary

Following a remand from the Court of Appeal, the Workers' Compensation Appeals Board (WCAB) granted reconsideration to address apportionment. The Board found that the applicant's prior 2000 industrial injury, which resulted in a 20% permanent disability award, did not demonstrably overlap with the applicant's 2006 injury. Therefore, the WCAB apportioned 20% of the permanent disability to the prior injury under Labor Code Section 4663, resulting in a net permanent disability rating of 8% for the current injury.

Full Decision Text1 Pages

Following a remand from the Court of Appeal, the Workers' Compensation Appeals Board (WCAB) granted reconsideration to address apportionment. The Board found that the applicant's prior 2000 industrial injury, which resulted in a 20% permanent disability award, did not demonstrably overlap with the applicant's 2006 injury. Therefore, the WCAB apportioned 20% of the permanent disability to the prior injury under Labor Code Section 4663, resulting in a net permanent disability rating of 8% for the current injury.

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DAVID MARTONE vs. DISTRICT; GREGORY BRAGG & ASSOCIATES, Central Fire Protection District (2008) – San Francisco | CompFox