Western Growers Insurance v. Workers' Compensation Appeals Board

Respondent Boyd Wayne Austin was employed by respondent Kirschenman Enterprises for approximately 25 years until March 17, 1987, when he became disabled. Austin suffered from major recurrent depression. Petitioner Western Growers Insurance Company (Western) and respondent Industrial Indemnity (Industrial) were the workers’ compensation carriers for Kirschenman Enterprises during the relevant periods. After leaving his employment, Austin filed several claims for workers’ compensation benefits (case Nos. 87 BAR 38774, 87 BAR 38775, 87 BAR 38776, BAK 104158). The cases were consolidated for consideration and heard by the workers’ compensation judge (WCJ).

On May 1, 1992, the WCJ issued her findings and award in all four cases. The WCJ concluded in case Nos. 38776 and 104158 that Austin had sustained a cumulative trauma for the entire period of employment and awarded permanent disability against Western pursuant to Labor Code section 5500.5. The WCJ also awarded two periods of temporary disability. The first, the period of Austin’s initial hospitalization in 1985, was charged to Industrial and the second, the period after March 1987, was charged to Western. In case Nos.…