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Case Name | Brodie v. WCAB | |
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Date | 08/30/2006 | |
Note | Apportionment under SB 899 requires subtracting the current monetary value of prior awards from monetary value of current disability . | |
Citation | 142 Cal. App. 4th 685 | |
WCC Citation | WCC 31762006 CA |
See Brodie v. WCAB, Welcher v. WCAB (S146979, S147030). The WCJ thus subtracted 44. 5 from 74 and awarded Brodie benefits totaling $20,867. 50 based on a 29. 5 percent permanent disability rating. Brodie injured his back, spine and right knee in 2000, and had an injury to his back and spine cumulative to September 2002. Moreover, it does not reflect a reduction for the relative value today of the $27,167. 50 that Brodie was awarded in 1987 and 1999. At oral argument, counsel for Brodie acknowledged the conceptual preferability of this approach.
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