Apportionment Update: Brodie v. WCAB

By
Megan K. Rogers

Brodie v. WCAB (2007) 40 Cal. 4th 1313

Reaffirmed the decision of Fuentes v. WCAB, that permanent disability from subsequent injury is not to be rated in conjunction with any prior disability. Thus the prior percentage of disability is subtracted to arrive at the permanent disability after apportionment. SB 899 shows clear intent to charge employers on that portion of permanent disability directly caused by the injury.

The facts are as follows: Plaintiff sustained an industrial injury to his back, spine, and right knee in December 2000 and subsequent cumulative trauma to his back and spine that resulted in a 74 percent permanent disability. Over the previous 30 years of his career as a firefighter, Plaintiff sustained several industrial injuries to the same body parts for which he was awarded compensation based on a 44.5 percent permanent disability rating. The WCJ awarded him compensation based on the difference between these ratings, 29.5 percent.