Lawrence Drasin & Associates v. Workers' Compensation Appeals Board

Introduction

We review a decision after reconsideration by respondent Workers’ Compensation Appeals Board (Board).

Statement of Facts

On February 25, 1981, applicant, Richard Pilkenton, sustained an industrial injury to the head, spine, left shoulder, and psyche when he fell from a ladder during his employment as a maintenance supervisor by Beeman’s Sanitarium. The workers’ compensation judge (WCJ) found applicant was 100 percent permanently disabled, but apportioned part of the permanent disability to preexisting disability. The WCJ found applicant was 67 percent permanently disabled after apportionment and awarded applicant $25,200 in permanent disability indemnity, payable at $70 a week, less attorney fees and credit for any sums previously paid. The WCJ found applicant was temporarily disabled from February 26, 1981, to February 25, 1986, and awarded $31,200 in temporary disability indemnity, less credit for amounts previously paid. The WCJ also awarded reimbursement for approximately $85,000 in self-procured medical expenses, and ordered the insurer to pay for further medical treatment.

Applicant and defendants each petitioned for reconsideration. In its decision…