LexisNexis® Legal Newsroom
California Court of Appeals Closes Apportionment Loophole

The Court of Appeal has closed what could have ended up being an enormous loophole in Labor Code § 4663 with a decision reversing a W.C.A.B. opinion on apportionment and then ordering publication after the decision was initially ordered unpublished. In State Compensation Insurance Fund v W.C.A.B...

Attorney’s Fee Against $1.1M Lien Recovery Not Allowed: Cal. Comp. Cases May Advanced Postings (5/16/12)

Here’s the next batch of advanced postings for the May 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Rafael Tapia,Jr., Petitioner v. Workers' Compensation...

Applicant’s Two Injuries So Intertwined That No Separate Ratings Possible: Cal. Comp. Cases June Advanced Postings (5/28/2013)

Here’s the first batch of advanced postings for the June 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. City of Cathedral City, PSI administered...

Wyoming: Worker Fails To Show Pigeon-Toed Foot Led to Auto Accident

The Supreme Court of Wyoming affirmed a finding that an injured worker failed to establish a causal relationship between his original work-related injury which, after surgery, left the worker pigeon-toed, and injuries sustained in a subsequent automobile accident that the worker contended was caused...

Iowa: Employee May Collect Both PPD and PTD at Same Time For Successive Injuries

The Supreme Court of Iowa held that Iowa workers’ compensation law does not prohibit an employee from collecting both PPD benefits and PTD benefits at the same time where the employee suffers successive injuries at the same workplace. The court indicated the general assembly removed the legal barrier...

Colorado: Two-Thirds of Osteoarthritis Claim Apportioned to Injured Employee

A Colorado appellate court affirmed an order apportioning two-thirds of an injured worker’s bilateral knee osteoarthritis to the employee, requiring the employer to pay just one-third of the worker’s medical expenses and other benefits, although the worker spent a 25-year career employed...

California: Subsequent Injuries Benefit Trust Fund’s Obligation Begins When Claimant Stops Receiving TD Payments

The appellate court held that pursuant to Lab. Code § 4751, Subsequent Injuries Benefits Trust Fund (SIBTF) benefits commence at the time the employer’s obligation to pay permanent disability benefits begins. Accordingly, the WCAB correctly determined that the start date for SIBTF benefits...

Oklahoma: Multiple Injury Trust Fund Liable for Combined Injuries to Different Body Parts

In a deeply divided decision, the Supreme Court of Oklahoma held that a workers’ compensation claimant, who sustained an injury to his left shoulder in 2013, was a “physically impaired person,” as defined in Okla. Stat. tit. 85A, § 402(A), in spite of the fact that none of his...

New York: Apportionment Allowed in Schedule Loss of Use Case

While the normal rule in most jurisdictions is that a judge or board may not apportion a claimant’s PPD award based upon a preexisting condition that did not prevent the employee from effectively performing his or her job duties at the time of a subsequent work-related injury, New York has an exception...

Tennessee: Employer Saddled With 90 Percent of PTD Award Where Preexisting Condition Prevented Surgery

A trial court properly apportioned 10 percent of a permanently and totally disabled worker’s disability to the Second Injury Fund where it found that the worker sustained a 90 percent PPD as a result of a shoulder and arm injury, but also found that when combined with the worker’s prior medical...