The Supreme Court has just accepted for review the heretofore published Davis opinion, decided by the Sixth District decided last November. The opinion held that the Fuentes formula for calculating apportionment (commonly referred to as "Formula A) should be used.
The Fuentes -- Formula A -- method involves subtracting "percentages from percentages," which results in lower final disability values, especially when higher ratings are involved.
This method is in contrast to the Dykes/Nabors, Formula C, method whereby the money-value of the old injury is subtracted from the money-value of the later disability. This method results in higher final disability value and, thus, is favored by injured worker advocates.
Both methods are now before the Supreme Court, with at least five different cases under review.
The other cases before the Court (besides Dykes, Nabors and Davis) include the Torres case -- also decided by the Sixth District along with its Davis opinion -- and Brodie (which is similar to the other "Formula C" cases using the "money-value from money-value" method but uses the current money-value of the old injury instead of its original, "old" money-value).
Everyone is hoping the Supremes will resolve the issue soon (hearings haven't yet been scheduled) since ALL apportionment cases are in limbo by the WCAB until then (the WCAB has formally suspended hearing all such appeals, read WCAB announcement by clicking here).
For previous WorkInjury.com articles on these cases, click HERE and HERE.
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