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Cases pending on appellate grants

Chadburn, D. H047148, H047154 ADJ1351389, ADJ7168611, ADJ183596 Writ issued 7/27/2020

--  Whether the Board erred in finding that applicant’s three injuries before 1/1/2013 to multiple body systems, including her psyche, resulted in permanent and total disability (“PTD”) without apportionment, due to post-traumatic stress syndrome caused by sexual misconduct against applicant by one of her treating physicians; whether the Award issued by the Board should be stayed. The Board relied in part upon Hikida v. Workers' Comp. Appeals Bd. (2017) 12 Cal.App.5th 1249 (82 Cal.Comp.Cases 679); the Court of Appeal has requested further briefing on whether the PTD rating is consistent with Department of Corrections & Rehabilitation v. Workers’ Comp. Appeals Bd. (Fitzpatrick) (2018) 27 Cal.App.5th 607 (83 Cal.Comp.Cases 1680) [For pre-1/1/2013 injuries, Lab. Code ยง 4662(b) does not provide an independent basis to find PTD “in accordance with the fact” where the scheduled rating is less than 100% and not rebutted.]

Justice, B. H046562 ADJ9339549 Writ issued 11/18/2019

--  Whether the Board erred in rejecting non-industrial apportionment to applicant’s pre-existing, degenerative bilateral knee arthritis, where bilateral knee replacement surgery improved her ability to walk and engage in weight-bearing activities but resulted in higher permanent impairment compared with her pre-surgery condition; the Board cited Hikida v. Workers' Comp. Appeals Bd. (2017) 12 Cal.App.5th 1249 [82 Cal.Comp.Cases 679] in support of its decision.

August 2020