Hikida

Hikida v. Workers' Comp. Appeals Bd.

Good Law
12 Cal. App. 5th 1249·2017 Cal. App. LEXIS 572·219 Cal. Rptr. 3d 654·82 Cal. Comp. Cases 679
Court of Appeal of CaliforniaJune 22, 2017B279412California5,762 words

Opinion

Lead Opinion

Manella, J.

*1252 Petitioner Maureen Hikida seeks review of an order of respondent Workers' Compensation Appeals Board (the Board) affirming the decision of the workers' compensation judge (WCJ) to apportion the permanent total disability suffered by petitioner between industrial and nonindustrial causes prior to issuing its award. Petitioner contends that because the agreed medical examiner (AME) concluded her permanent total disability was the result of a failed surgery for carpal tunnel syndrome, a condition she contracted primarily due to the clerical work she performed for respondent Costco Wholesale Corporation (Costco) for more than 25 years, apportionment was not appropriate. 1 After briefing on the merits was complete, respondents filed a supplemental brief raising a "question" as to this court's jurisdiction. Specifically, respondents suggested the writ petition might have been untimely, because the issue of apportionment was resolved by the Board months before the Board denied reconsideration of the WCJ's final award. We conclude the petition was timely filed. We further conclude that despite significant changes in the law governing workers' compensation in 2004, disability…

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