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| Case Name | Kopping v. WCAB | |
|---|---|---|
| Date | 09/11/2006 | |
| Note | If section 4664(b) is understood as representing the Legislatures common sense recognition that there can be no recovery from a permanent disability, then there is no inconsistency between that statute and section 4664(a). | |
| Citation | 142 Cal. App. 4th 1099 | |
| WCC Citation | WCC 31812006 CA |
FACTUAL AND PROCEDURAL BACKGROUND In 1996, Kopping injured his spine while working as a traffic officer for the California Highway Patrol (CHP). The parties stipulated that the injury caused permanent disability of 29 percent, and Kopping was awarded $20,357. 50 in permanent disability benefits. Kopping filed a petition for reconsideration with the Board challenging the WCJ's construction of section 4664(b). Thus, the Board returned this case to the WCJ to determine whether Kopping had disproved (or could disprove) overlap, not to allow Kopping to prove medical rehabilitation from the disabling effects of his earlier injury. Kopping petitioned this court for a writ of review of the Board's decision after reconsideration, which we granted to consider the intended meaning of section 4664(b).
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