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Case Name Forzetting v. WCAB
Date 06/18/2009
Note [Unpublished] Each injury must be separately apportioned for cause under sections 4663 and 4664, and PD awards may not be combined.
Citation B209323
WCC Citation WCC 35352009 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX DOUGLAS FORZETTING, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, OCEANO ICE COMPANY et al. , Respondents. While working as a forklift operator for Oceano Ice Company, Douglas Forzetting industrially injured his back on November 19, 1999, and again on January 27, 2000. Forzetting petitioned for reconsideration, arguing that these PD ratings should have been combined (merged) under Wilkinson v. Workers' Comp. In this case, Forzetting would receive $55,330 if his awards remained separate, but $98,095 if the awards were combined. Forzetting contends that the decisions in Brodie and Benson are unconstitutional because SB 899 did not explicitly repudiate Wilkinson.

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