WCAB

Fresno Unified School District v. Workers' Compensation Appeals Board

Good Law
101 Cal. Rptr. 2d 569·2000 Cal. App. LEXIS 891·2000 Daily Journal DAR 12473·84 Cal. App. 4th 1295·65 Cal. Comp. Cases 1232
Court of Appeal of CaliforniaNovember 22, 2000F034993California5,061 words

Opinion

Opinion

Dibiaso, J.

In the published portion of this opinion, we construe certain language in Labor Code section 4750.5. We hold, first, that the phrase “unrelated noncompensable injury” means a disabling event which, had it been work related, would be compensable under the worker’s compensation laws, and, second, that the word “solely” was intended to incorporate the existing rules applicable to the apportionment of successive disabilities.

Summary of Proceedings Below

Respondent Daniel Humphrey was employed as a custodian for petitioner Fresno Unified School District (FUSD) between September 15, 1982, and August 20, 1997. On August 19, 1997, Humphrey sustained an injury to his lower back while moving a heavy freezer. During his employment, he also suffered a cumulative trauma injury to his neck, spine, left minor shoulder and bilateral upper extremities. On August 21, 1997, Humphrey suffered a nonindustrial heart attack. Humphrey did not return to work and, on September 24, 1997, filed two claims for compensation (one for each industrial injury) with respondent Workers’ Compensation Appeals Board (WCAB).

FUSD admitted the two work-related injuries. The matter proceeded to trial for a…

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