E & J Gallo Winery v. the Worker's Compensation Appeals Board

Opinion

WISEMAN, J.

In this opinion we must determine the appropriate method of apportioning liability between two workers’ compensation injuries as conjured by the Legislature in reforming the workers’ compensation laws by enacting Senate Bill No. 899 (2003-2004 Reg. Sess.). We conclude that where an employee sustains multiple disabling injuries while working for the same self-insured employer, the employee is entitled to compensation for the total disability above any percentage of permanent disability previously awarded. In this narrow context, we see no reason to treat an employee who has…