City of LA v. WCAB
The City of Los Angeles (City) petitions for a writ of review of a decision by the Workers Compensation Appeals Board (WCAB). The City employed respondent Alex Johnson, who sustained several injuries at work and received workers compensation awards for permanent disability. Johnson claimed additional injuries at work for which he received a joint award of permanent disability. Johnson petitioned to reopen the joint award and was awarded increased permanent disability without apportionment by the WCAB. The City contends that the WCAB lacked subject matter jurisdiction to award the increased permanent disability because Johnson filed the petition to reopen more than five years after the date of injury under the Labor Code.[1] The City also maintains that even if the WCAB had subject matter jurisdiction, the legislative changes of Senate Bill No. 899 (20032004 Reg. Sess.) that were enacted on April 19, 2004 (Stats. 2004, ch. 34, 49) required the increased permanent disability to be apportioned by the permanent disability awarded prior to the joint award or the disability caused by degenerative disease of the knees. Accordingly, the WCABs decision is affirmed in part and annulled in part, and the matter is remanded for further proceedings regarding apportionment of the increased permanent disability.
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