Panel Decision Reaffirms Minvielle as Good Law

By John P. Kamin, Legal EditorA recent California Workers' Compensation Appeals Board panel decision serves as another example of the difficulties of proving apportionment in cases involving a prior injury that was rated under the 1997 Permanent Disability Rating Schedule, and a current claim under the 2005 schedule. The WCAB panel declined to apportion an award under the 2005 Permanent Disability Rating Schedule for a prior award under the 1997 PDRS because of the difficulty of comparing ratings under the two schedules. In the case of Garvey v. City of Los Angeles, a WCAB panel of Commiss...