Wcab

In this opinion we must determine the appropriate method of apportioning liability between two workers’ compensation injuries as conjured by the Legislature in reforming the workers’ compensation laws by enacting Senate Bill No. 899 (2003-2004 Reg. Sess.). We conclude that where an employee sustains multiple disabling injuries while working for the same self-insured employer, the employee is entitled to compensation for the total disability above any percentage of permanent disability previously awarded. In this narrow context, we see no reason to treat an employee who has been injured twice differently from a similarly situated employee who is injured once with the same level of disability. Our conclusion benefits employers by ensuring there can be no double recovery for the same disability; it benefits the employee by providing equitable compensation under the exponentially progressive nature of the workers’ compensation system. This approach best meets the legislative goal of bringing stability to what had become an unworkable statutory scheme.

FACTUAL HISTORY

David Dykes injured his back while working as a winery worker for E & J Gallo Winery (Gallo) in September…