> >
Case Name | Benson vs. WCAB | |
---|---|---|
Date | 02/10/2009 | |
Note | Courts must separately rate successive injuries to the same body part that simultaneously become permanent and stationary. | |
Citation | A120462 | |
WCC Citation | WCC 34902009 CA |
On July 15, 2003, Benson was placed on temporary total disability and did not return to work thereafter. On September 26, 2005, Benson was examined by Joseph Izzo, M. D. , who was acting as an agreed medical examiner (AME). The WCJ's combined award entitled Benson to a total of $67,016. 25, payable at $185 per week for 362. 25 weeks. Benson concedes that section 4663, subdivision (c), not only governs the physician's analysis, but also the Board's own apportionment determination. Benson does not argue that Dr. Izzo's opinion is speculative and we decline to address CAAA's argument to that effect.
Download full case here.
Download full case here.