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Case Name | Browning-Ferris Industries v. WCAB | |
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Date | 02/14/2008 | |
Note | [Unpublished] The percentage of a previous award of PD must be subtracted from a newer award of PD. | |
Citation | B193443 | |
WCC Citation | WCC 33162008 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX BROWNING-FERRIS INDUSTRIES, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JOBE SALTER, Respondents. Over a period of 16 years, Jobe Salter sustained numerous industrial injuries to his shoulders, elbows, knees and back while working for petitioner, Browning-Ferris Industries (BFI). He presented two new claims for industrial injuries to his shoulders, elbows, knees and back, but did not seek to reopen the prior cases. The WCJ reasoned that Salter's back injuries occurred as the result of continuous trauma he suffered throughout his career with the company. Subtracting the monetary value of prior awards does not comport with Labor Code*fn1 section 4664 as construed by our Supreme Court in Brodie.
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