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WCAB En Banc Requires Adding Disabilities for Subsequent Injury Claims

  • State: California
  • Topic: Top
  • - Average time spent on item: 83 minutes
  • - Popular with: Legal
Prior and subsequent disabilities should simply be added to determine whether an applicant has a val…

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James Witkop Jun 24, 2020 a 7:40 am PDT

I haven't read the decision. My question is, if the Court of Appeal already resolved this issue in 1976, why do we need an En Banc decision 44 years later? Was the Bookout decision obscure or not being followed?

As someone who does not deal with SIBTF issues I am just curious.

Jonathan Ng Jun 24, 2020 a 11:49 am PDT

I am happy for the applicant bar but It seems that the Board has no more persuasive argument to use addition over CVC other than "this method of determining SIBTFs liability ensures that applicant receives the full monetary value of the combined permanent disability (line 7,8 page 15.)" It is a policy argument , not a legal argument!

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