Dykes v. WCAB (E & J Gallo Winery)
David Dykes petitions for a writ of review from a July 2, 2008, decision of the Workers Compensation Appeals Board (WCAB) lowering his permanent disability award by instructing the use of an apportionment formula more favorable to the employer after this court issued a contrary decision in the same matter in E & J Gallo Winery v. Workers Comp. Appeals Bd. (2005) 134 Cal.App.4th 1536 (Dykes). Pursuant to the request of Dykess employer, E & J Gallo Winery, the WCAB reopened Dykess award and applied a more recent Supreme Court decision in Brodie v. Workers Compensation Appeals Bd. (2007) 40 Cal.4th 1313 (Brodie), 28 months after the Supreme Court denied review of Dykes case. Perplexed by the WCABs actions, Dykes asks whether the WCAB exceeded its powers by reopening and reconsidering his award which already had been exhaustively litigated and affirmed through the appellate process. Under the circumstances, Court must conclude the WCAB acted within its powers in reducing Dykess award.
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