Home/Case Law/MARGERY HAYES vs. O'BRIEN, WATTERS, DAVIS, ET AL, STATE COMPENSATION INSURANCE FUND
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MARGERY HAYES vs. O'BRIEN, WATTERS, DAVIS, ET AL, STATE COMPENSATION INSURANCE FUND

Filed: Jan 29, 2008
San Francisco
SRO 119380, SRO 131429

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed the administrative law judge's decision to issue two separate awards for the applicant's cumulative trauma injuries, totaling $89%$ permanent disability. This decision aligns with recent California Supreme Court and Appeals Board rulings requiring apportionment based on causation, rather than combining disabilities as previously allowed under the Wilkinson rule. The Board found substantial medical evidence supported the apportionment of disability between the two injury periods.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed the administrative law judge's decision to issue two separate awards for the applicant's cumulative trauma injuries, totaling $89%$ permanent disability. This decision aligns with recent California Supreme Court and Appeals Board rulings requiring apportionment based on causation, rather than combining disabilities as previously allowed under the Wilkinson rule. The Board found substantial medical evidence supported the apportionment of disability between the two injury periods.

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MARGERY HAYES vs. O'BRIEN, WATTERS, DAVIS, ET AL, STATE COMPENSATION INSURANCE FUND (2008) – San Francisco | CompFox