Department of Education v. Workers' Compensation Appeals Board

In this case, we hold that the Workers’ Compensation

Appeals Board (Board) did not have jurisdiction to alter the permanent and stationary date of the earliest industrial injury sustained by respondent Thelma Swain Gill (applicant), in order to apply the principles enunciated in Wilkinson v. Workers’ Comp. Appeals Bd. (1977) 19 Cal.3d 491 [ 138 Cal.Rptr. 696 , 564 P.2d 848 ] (Wilkinson) and to award applicant a single combined permanent disability (PD) rating of 100 percent for her three successive industrial injuries. Even though the threshold prerequisites of Wilkinson are met and the medical evidence credibly supports a finding that applicant is totally and permanently disabled, apportionment of PD is appropriate pursuant to Fuentes v. Workers’ Comp. Appeals Bd. (1976) 16 Cal.3d 1 [ 128 Cal.Rptr. 673 , 547 P.2d 449 ] (Fuentes) because the award of PD for applicant’s earliest injury is final and cannot be disturbed. For the reasons discussed below, we are compelled to annul and remand the decision of the Board.

I. Factual and Procedural Background

Applicant, while employed as a cook by petitioner California School for the Deaf (CSD), sustained four successive…