Davis
Davis v. WORKERS'COMP. APPEALS BD.
Opinion
Opinion
PREMO, Acting P.J.
The question in these workers' compensation cases is whether the Legislature's 2004 overhaul of the workers' compensation statutes (Stats. 2004 (2003-2004 Reg. Sess.) ch. 34, p. 142 et seq.) was intended to alter the formula used to calculate a permanent disability award when the employee's overall disability is subject to apportionment. We conclude that, notwithstanding the recent changes to the law, the calculation adopted by Fuentes v. Workers' Comp. Appeals Bd. (1976) 16 Cal.3d 1 , 128 Cal.Rptr. 673 , 547 P.2d 449 ( Fuentes ) continues to be appropriate. In so concluding we disagree with E & J Gallo Winery v. Workers' Comp. Appeals Bd. (Dykes) (2005) 134 Cal.App.4th 1536 , 37 Cal. Rptr.3d 208 ( Dykes ) (Fifth Dist.) and Nabors v. Workers' Comp. Appeals Bd. (2006) 140 Cal.App.4th 217 , 44 Cal.Rptr.3d 312 ( Nabors ) (First Dist., Div. Two). [1]
The facts may be briefly stated. In the first case (case No. H029544), petitioner Fortunata Mary Davis suffered a work-related back injury that left her 100 percent permanently disabled. Davis had suffered a prior work-related injury for which she received an award for permanent partial disability of 35 percent. Using…