FACTUAL HISTORY David Dykes injured his back while working as a winery worker for E & J Gallo Winery (Gallo) in September 1996. Dykes returned to work with Gallo with a lighter duty and a medical restriction of lifting up to 50 pounds. Gallo timely petitioned the Workers' Compensation Appeals Board (WCAB) for reconsideration, contending that the Labor Code mandated subtracting the percentage, not dollar amount, of the prior award from Dyke's disability award. Gallo and the WCAB, however, contend that Dykes is not entitled to the life pension because his level of disability, after apportionment, is only 52. 5 percent. Gallo and the WCAB declined our invitation to demonstrate how this figure would be calculated for Dykes assuming a 73 percent level of disability.

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