Home/Case Law/ROSE SCARBERRY vs. WILLITS HOSPITAL, LIBERTY MUTUAL INSURANCE COMPANY
Regular DecisionRegular Panel Decision

ROSE SCARBERRY vs. WILLITS HOSPITAL, LIBERTY MUTUAL INSURANCE COMPANY

Filed: Dec 15, 2008
San Francisco
ADJ1940742 (SRO 0119298) ADJ4521061 (SRO 0119299)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision that issued separate permanent disability awards for two industrial injuries, relying on the then-current Benson ruling. The WCAB deferred the issues of permanent disability and attorney's fees pending a Court of Appeal decision on Benson, which addressed whether successive injuries becoming permanent and stationary simultaneously should be combined or rated separately. The WCAB ordered the defendant to issue advances for permanent disability indemnity based on the original award amounts while withholding a portion pending the final resolution.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision that issued separate permanent disability awards for two industrial injuries, relying on the then-current Benson ruling. The WCAB deferred the issues of permanent disability and attorney's fees pending a Court of Appeal decision on Benson, which addressed whether successive injuries becoming permanent and stationary simultaneously should be combined or rated separately. The WCAB ordered the defendant to issue advances for permanent disability indemnity based on the original award amounts while withholding a portion pending the final resolution.

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