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Caryl Erickson

CARYL ERICKSON, Applicant vs. SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP/KAISER PERMANENTE, Permissibly Self-Insured, Defendant(s).

ADJ number: —
Decision date: Date unavailable
District office: Pomona
WCJ: —
Claim administrator: Southern California Permanente Medical Group/Kaiser Permanente (Permissibly Self-Insured)
Commissioners: —

Injury / body parts: neck, fibromyalgia, low back

LC §4663LC §4664LC §5803LC §5804

Summary

Applicant Caryl Erickson sustained two admitted industrial injuries (neck and fibromyalgia) while employed by self-insured Kaiser/Southern California Permanente Medical Group, resulting in 72% overall permanent disability before apportionment. She also had a prior 1997 stipulated 25% permanent disability award ($14,171.00) for two low back injuries with the same employer. The WCJ found the prior disability conclusively existed under Labor Code section 4664 and applied the Dykes 'formula C' (subtracting old dollars from new dollars), reducing the current award by $14,171.00. Defendant petitioned for reconsideration arguing percentages should be subtracted from percentages. The Board granted reconsideration but, given the conflicting appellate authority (Dykes/Nabors versus Davis/Torres) and pending Supreme Court review in Brodie and Welcher, declined to choose a formula and instead deferred the calculation of permanent disability indemnity and attorney's fees pending the Supreme Court's resolution.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.