JOANN VAN ALLEN vs. CITY OF LOS ANGELES/REGISTRAR-RECORDER, #710, Permissibly Self-Insured, Administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Workers' Compensation Appeals Board amended a prior award to grant the applicant 93% permanent disability after apportionment, reducing it from 100%. This decision acknowledged the applicant's extensive industrial injuries but applied Labor Code section 4664 to apportion disability based on a prior award for a back injury. The Board found that while the applicant was indeed totally permanently disabled, a portion of her disability was attributable to non-industrial factors and prior industrial injuries, thus precluding a 100% award. The case was returned to the trial level for calculation of the new award and attorney fees.