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Benson v. Workers' Comp. Appeals Bd., A120462

In a work-related personal injury, grant of total of $49,210 based on determination that two industrial injuries to petitioner's neck each caused 31 percent permanent disability is affirmed where: 1) the Wilkinson doctrine was inconsistent with the apportionment reforms enacted by Senate Bill No. 899; 2) Respondent-Appeals Board was correct that a system of apportionment based on causation required that each distinct industrial injury be separately compensated based on its individual contribution to a permanent disability; and 3) respondent-Appeals Board properly made two awards of 31 percent permanent disability each based on the medical examiner's opinion that plaintiff's permanent partial disability was equally caused by "cumulative trauma through June 3, 2003" and "the specific injury of June 3, 2003".

Appellate Information

  • Decided 02/10/2009
  • Published 02/10/2009

Judges

  • HAERLE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Timothy D. Timmons, Law Offices of Timothy D. Timmons, Concord, Attorney for Petitioner., Melissa Cheryl Brown, Farrell Fraulob & Brown, Sacramento, William A. Herreras, San Luis Obispo, California Applicants' Attorneys Assoc., Attorneys for California Applicants' Attorneys Association-amicus curiae in support of Petitioner.

  • For Appellees:
  • Carl Taber, Law Offices of Carl Taber, Attorney for Respondent The Permanente Medical Group., No appearance by Respondent Workers' Compensation Appeals Board., Michael A. Marks, San Francisco, Law Offices of Saul Allweiss, Attorney for California Workers' Compensation Institute-amicus curiae in support of Respondent The Permanente Medical Group., Raymond G. Fortner, Jr., County Counsel, Leah D. Davis, Assistant County Counsel, Derrick M. Au, Principal Deputy County Counsel, Jeffrey L. Scott, Deputy County Counsel, Lin Lee, Senior Associate County Counsel, Attorneys for County of Los Angeles amicus curiae in support of Respondents., Timothy C. Nelson, Chernow & Lieb, Attorney for Zenith Insurance Co. amicus curiae in support of Respondents., Christina J. Imre, Michael M. Walsh, Sedgwick Detert Moran & Arnold LLP, Los Angeles, Attorneys for CalChamber amicus curiae in support of Respondents.
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