Home/Case Law/RICHARD PEREZ vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT
Regular DecisionRegular Panel Decision

RICHARD PEREZ vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT

Filed: Nov 10, 2016
ADJ838588 (VNO 0384987) ADJ2342741 (VNO 0384985) ADJ1363723 (VNO 0384986)

CompFox AI Summary

This case concerns applicant Richard Perez's claim for increased permanent disability benefits for injuries sustained as a deputy sheriff. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a prior award, but affirmed the WCJ's denial of the defendant's request to apportion the increased disability. The WCAB reasoned that applying the current Labor Code sections 4663 and 4664 for apportionment would retroactively amend a prior award, violating legislative intent. Therefore, the applicant is entitled to an unapportioned increase in permanent disability, with clerical errors corrected in the award.

Full Decision Text1 Pages

This case concerns applicant Richard Perez's claim for increased permanent disability benefits for injuries sustained as a deputy sheriff. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a prior award, but affirmed the WCJ's denial of the defendant's request to apportion the increased disability. The WCAB reasoned that applying the current Labor Code sections 4663 and 4664 for apportionment would retroactively amend a prior award, violating legislative intent. Therefore, the applicant is entitled to an unapportioned increase in permanent disability, with clerical errors corrected in the award.

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RICHARD PEREZ vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT (2016) – | CompFox