Stoiber

Stoiber v. Workers' Compensation Appeals Board

Good Law
1992 Cal. App. LEXIS 570·5 Cal. App. 4th 1403·7 Cal. Rptr. 2d 470·92 Daily Journal DAR 5797·57 Cal. Comp. Cases 330
Court of Appeal of CaliforniaApril 29, 1992No. B058626California2,907 words

Opinion

Lead Opinion

Stone, J.

We review a joint decision after reconsideration by respondent Workers’ Compensation Appeals Board (WCAB) in WCAB Nos. 84 SBA 44558 and 84 SBA 44559. We conclude the WCAB properly determined it had no jurisdiction to amend the award in No. 84 SBA 44558 since applicant’s petition to reopen was filed more than five years after the date of injury in that case. We conclude, however, that the WCAB erred in its calculation of the permanent disability award in No. 84 SBA 44559, the reopened case, because the WCAB found that disability from both injuries became permanent and stationary at the same time and that applicant’s permanent disability had increased from 97 lA percent to 100 percent. In *1405 view of the holdings in Wilkinson v. Workers’ Comp. Appeals Bd. (1977) 19 Cal.3d 491 [ 138 Cal.Rptr. 696 , 564 P.2d 848 ] and Harold v. Workers’ Comp. Appeals Bd. (1980) 100 Cal.App.3d 772 [ 161 Cal.Rptr. 508 ], the WCAB erred in awarding applicant one-half of the statutory amount for permanent total disability.

Factual and Procedural Background

In No. 84 SBA 44558, the parties stipulated that on September 13, 1979, applicant, Frank Stoiber, sustained an industrial injury to his…

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