The California Supreme Court Friday sent back an employer-contested apportionment award with orders that the 1st District Court make it Brodie-Welcher compatible.
The court on Friday issued the order on Shevchuk v. WCAB, A112724, after an appellate court allowed the claimant's award under the Nabors dollar-from-dollar formula that justices rejected in May.
They chose instead the method adopted in the 1979 Supreme Court Fuentes decision. It subtracts the percentage of old disability from an employee's percentage of total disability to arrive at a dollar award.
The Supreme Court last ...
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