Aliano

Aliano v. Workers' Compensation Appeals Board

Good Law
100 Cal. App. 3d 341·161 Cal. Rptr. 190·1979 Cal. App. LEXIS 2427·44 Cal. Comp. Cases 1156
Court of Appeal of CaliforniaDecember 24, 1979Docket Nos. 54092, 54095California11,144 words

Opinion

Opinion

Stephens, J.

The matter herein involves proceedings before the Workers’ Compensation Appeals Board (hereinafter WCAB), regarding the workers’ compensation claim of Gregory Robert Aliano against his employer, Canoga Chrysler-Plymouth, Inc., (hereinafter Canoga) which was insured by Eldorado Insurance Company (hereinafter Eldorado). Both Aliano and Canoga/ Eldorado assert error in the decision of the WCAB.

Aliano contends that the determination by the WCAB of his level of permanent disability resulting from the industrial injury is in error. Canoga/Eldorado contend that (1) the WCAB erred in granting Aliano’s petition to reopen his claim, (2) the factors of psychiatric permanent disability as determined by the WCAB are erroneous as they fail to accurately reflect to what extent the alleged industrial condition is “labor disabling,” (3) there are other errors in the manner in which the permanent disability was rated; and (4) the WCAB erred in not apportioning more of the permanent disability as not chargeable to Canoga/Eldorado.

We find that the decision of the WCAB to reopen Aliano’s claim withstands attack by Canoga/Eldorado. The balance of Canoga/Eldorado’s contentions are also…

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