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Case Name | Wilkinson v. WCAB | |
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Date | 05/25/1977 | |
Note | Whenever a worker sustains successive industrial injuries to the same part of his body while working for the same employer, and these injuries become permanent at the same time, the board should render a single award for the combined disability. | |
Citation | 19 Cal.3d 491 | |
WCC Citation | WCC 24771977 CA |
Wilkinson claims he should have received an award of $8,662. 50 based upon a combined disability for both injuries of 30 1/2 percent. Applicant Wilkinson was employed as a cook at the Taurean Restaurant in La Habra, Orange County, during the spring of 1972. Wilkinson applied for workers' compensation benefits for both injuries. Appeals Bd. , supra, 16 Cal. 3d 1, for calculation of benefits in multiple injury cases, the judge awarded Wilkinson $3,587. 50 for each injury, or a total of $7,175. The board relied upon a prior panel decision in Revere Copper and Brass v. W. C. A. B. (Dunlap) (1969) 34 Cal. Comp. Cases 532.
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