Workers' Compensation

California WCAB Panel Decides Labor Code § 4664 "Straddle" Case: Brault v. State of California

In what appears to be the first Calif. Labor Code § 4664 "straddle" case, an Appeals Board panel held in Brault v. State of California that permanent disability awarded to an applicant under the 2005 Permanent Disability Rating Schedule for a 12/29/98 injury could not be apportioned based upon a prior permanent disability award made to the applicant for a 1/6/95 injury under the 1997 Schedule for Rating Permanent Disabilities because the rating methods in the two different schedules were irreconcilable. The Appeals Board held that the applicant's 12/29/98 injury caused 7-percent permanent disability, after apportionment of 1-percent to the 1/6/95 injury made pursuant to a physician's determination that the prior injury produced permanent disability equivalent to 1-percent when calculated under the 2005 Schedule.

LexisNexis reports hundreds of noteworthy panel decisions in the CA - Noteworthy WCAB Panel Decisions database, which is updated each month.

If you would like a copy of the Brault decision, simply logon and post a comment to this blog with your request. You must be registered first in order to post a comment. Registration is FREE. If you have any problems registering or posting a comment, please contact the site coordinator at