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| Case Name | Davis v. WCAB and Allied Security, et al., and Torres v. WCAB and Williams Tank Lines et al. | |
|---|---|---|
| Date | 11/30/2006 | |
| Note | When an employee's overall permanent disability is subject to apportionment for a preexisting disability the calculation of compensation is to be made by subtracting the preexisting percentage of permanent disability from the overall percentage of permanent disability. | |
| Citation | 145 Cal. App. 4th 324 | |
| WCC Citation | WCC 31972006 CA |
H029544 (W. C. A. B. No. SJ0236711) MOISES TORRES, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and WILLIAMS TANK LINES et al. , Respondents. Davis had suffered a prior work-related injury for which she received an award for permanent partial disability of 35 percent. The question before us, therefore, is whether these changes demonstrate that the Legislature clearly intended to alter the Fuentes rule. DISPOSITION In case No. H029544 (Davis v. WCAB et al. ), the order of the WCAB denying reconsideration is affirmed. In case No. H029834 (Torres v. WCAB et al. ), the order of the WCAB denying reconsideration is affirmed.
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