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Case Name | Erickson v. Southern California Permanente Medical Group/Kaiser Permanente | |
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Date | 12/28/2006 | |
Note | Applicant's stipulated award of 25% permanent disability shall be apportioned in accordance with Labor Code section 4664, but the calculation of the amount of permanent disability indemnity due after apportionment is deferred. | |
Citation | 72 CCC 103 | |
WCC Citation | WCC 32022006 CA |
WORKERS' COMPENSATION APPEALS BOARD, STATE OF CALIFORNIA CARYL ERICKSON, Applicant, vs. SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP/KAISER PERMANENTE, Permissibly Self-Insured, Defendant(s). POM 0246580 POM 0246582 OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Southern California Permanente Medical Group/Kaiser Permanente, seeks reconsideration of the Amended Findings and Award issued by the workers' compensation administrative law judge (WCJ) on November 16, 2006. Dr. Lobley found that applicant's neck disability precluded her from substantial work, from heavy lifting, and from work above shoulder level. Further, the WCJ concluded that applicant's conclusively existing low back disability overlaps (and is subsumed by) her current neck and fibromyalgia disability. Thus, Dykes applied a variant of the "formula C" that the California Supreme Court had considered (and rejected) in Fuentes v. Worker's Comp.
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