Nuelle
Nuelle v. Workers' Compensation Appeals Board
Opinion
Opinion
Kane, J.
Petitioner employee (hereafter applicant) seeks review and annulment of an opinion and order granting reconsideration and opinion and decision after reconsideration (en banc) issued by respondent Workers’ Compensation Appeals Board (hereafter board) on April 20, 1978. Applicant, who sustained successive specific and cumulative injuries to her back over a period of time while working for the same employer, and whose permanent disability was found to be 100 percent, objects to the method used by the board to apportion her total permanent disability. She contends that she is entitled to a pension of $119 a week for the remainder of her life, at the maximum rate applicable at the date of the last injury.
The record shows that applicant, while employed as a farm labor officer for the Employment Development Department at Salinas, sustained three successive injuries to her back. On May 29, 1973, applicant was awarded 13% percent and 13% percent permanent partial disability for specific injuries occurring on March 5, 1970 (73 SAL 4518) and July 2, 1971 (73 SAL 4519) respectively. Shortly thereafter, applicant filed a petition to reopen both cases for new and further disability,…