At last week's regularly scheduled conference, the California Supreme Court granted 'calendar preference" to the apportionment cases presently pending for review -- BRODIE v. W.C.A.B. (FIRE PROTECTION DISTRICT), S146979 A112003 and WELCHER v. W.C.A.B. (HAT CREEK CONSTRUCATION), S147030 and C051263.
This is good news for everyone since the debate over the central issue involved in these cases - which "formula" to use to apportion disability (CLICK HERE to read our most recent article on these formulas) - has virtually brought all cases involving this issue to a standstill, seriously clogging the state's workers' compensation system.
The Supreme Court's verbatim summary of the issues in these cases reads:
"Petition for review after the Court of Appeal annulled a decision of the Board. Presents the following issues: (1) Did the repeal of Labor Code section 4750 and the enactment of new apportionment statutes (Stats. 2004, ch. 34) change the law of apportionment of permanent disability indemnity as determined by this court in Fuentes v. Workers' Comp. Appeals Bd. (1976) 16 Cal.3d 1? (2) If so, how is permanent disability indemnity to be apportioned between injuries?"
By granting these cases "calendar preference," they should be set for oral arguments as soon as possible by the Court.
If you'd like automatic email notifications, sent directly from the Supreme Court, about the progress of these cases, CLICK HERE to sign up.
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