No Overlap for PD Awarded for Prior Spinal Injury: Galvez v. Fontana Unified School District (CA WCAB panel decision)

In Galvez v. Fontana Unified School District, a California WCAB panel held that applicant/police officer's industrial cardiovascular injury during cumulative period 5/17/2005 through 5/17/2006 caused 63 percent permanent disability and, although apportionment is permitted for prior permanent disability awards involving different body regions pursuant to Strong v. City and County of San Francisco (2005) 70 Cal. Comp. Cases 1460 (Appeals Board en banc opinion) if it is adequately established by the record, defendant in this case failed to meet its burden of proving overlap of 29-1/2 percent permanent disability awarded for applicant's prior spinal injury under Kopping v. W.C.A.B. (2006) 142 Cal. App. 4th 1099, 48 Cal. Rptr. 3d 618, 71 Cal. Comp. Cases 1229 in order to establish Labor Code § 4664 apportionment.

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Comments

Robin E. Kobayashi
  • 06-16-2008

Please send me a copy of the Galvez decision. My email address is included in my registration profile. Thanks

Robin E. Kobayashi
  • 06-16-2008

Thank you for your inquiry. I''ve emailed you the requested panel decision.