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Case Name LaPlante v. WCAB
Date 07/31/2009
Note [Unpublished] The Wilkinson doctrine allowing combined awards of permanent disability in successive injury cases is inconsistent with the requirement contained in Sen. Bill No. 899 that apportionment be based on causation rather than disability.
Citation F054923
WCC Citation WCC 35482009 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT SANDRA JILL LaPLANTE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and WAL-MART STORES, INC. , Respondents. Parker, Kern, Nard & Wenzel, David H. Parker, for Respondent, Wal-Mart Stores, Inc. -ooOoo- Vartabedian, Acting P. J. , Dawson, J. , and Kane, J. Sandra Jill LaPlante petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). LaPlante contends the WCAB erred in concluding Wilkinson v. Workers' Comp. Agreeing with the WCAB and First Appellate District's reasoning in Benson v. Workers' Compensation Appeals Bd. Unlike WCAB three-member panel decisions, en banc decisions carry the weight of "legal precedent under the principle of stare decisis" on all WCJs and WCAB panels.

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