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Case Name | E&J Gallo Winery v. WCAB (Dykes) | |
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Date | 12/20/2005 | |
Note | Employee sustaining multiple disabling injuries while working for the same selfinsured employer is entitled to compensation for the total disability above any percentage of permanent disability previously awarded. | |
Citation | 134 Cal. App. 4th 1536 | |
WCC Citation | WCC 31342005 CA |
FACTUAL HISTORY David Dykes injured his back while working as a winery worker for E & J Gallo Winery (Gallo) in September 1996. Dykes returned to work with Gallo with a lighter duty and a medical restriction of lifting up to 50 pounds. Gallo timely petitioned the Workers' Compensation Appeals Board (WCAB) for reconsideration, contending that the Labor Code mandated subtracting the percentage, not dollar amount, of the prior award from Dyke's disability award. Gallo and the WCAB, however, contend that Dykes is not entitled to the life pension because his level of disability, after apportionment, is only 52. 5 percent. Gallo and the WCAB declined our invitation to demonstrate how this figure would be calculated for Dykes assuming a 73 percent level of disability.
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