Parker
Parker v. Workers' Compensation Appeals Board
Opinion
Opinion
Walker, J.
In this case, we hold that two successive, specific industrial injuries—one solely to the left knee and one solely to the right knee— sustained by petitioner Dennis Parker (applicant) do not entitle him to a single combined permanent disability (PD) rating under Wilkinson v. Workers’ Comp. Appeals Bd. (1977) 19 Cal.3d 491 [ 138 Cal.Rptr. 696 , 564 P.2d 848 ] (Wilkinson), because the injuries were not to the same part of the body as required by Wilkinson , even though they became permanent and stationary at the same time.
Applicant respectively seeks review of the opinion and order of respondent Workers’ Compensation Appeals Board (Board), contending that the Board erred in failing to apply Wilkinson and award one overall PD rating at the PD rates in effect in 1983 where applicant’s knee disabilities, when combined, produce a single work restriction. We disagree.
The facts are not in dispute. Applicant was employed as a police officer by respondent City of Fremont Police Department (FPD). On February 22, 1982, he sustained a specific industrial injury to his left knee. He underwent surgery in May 1982 and returned to work in October 1982. On October 29, 1983, he…