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.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.