Legal Opinion

Ashley v. Workers' Compensation Appeals Board

California Court of Appeal

Decided August 1, 1995No. B086810PublishedCited by 10 opinions

1Opinion of the Court

Opinion

STONE (S. J.), P. J.

A workers’ compensation judge (WCJ) apportioned 50 percent of applicant’s permanent disability to subsequent noncompensable events—applicant’s pregnancy and unemployment—relying on Labor Code section 4750.5. Applicant petitioned for reconsideration, which the Workers’ Compensation Appeals Board (Board) denied. Applicant then petitioned for a writ of review, which this court granted. After review, we have concluded that the apportionment was erroneous, and remand this matter to the Board for appropriate disposition.

Facts and Procedural History

Applicant Audley Ashley,…

2Cases cited9 opinions

  1. Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
  2. Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
  3. Livitsanos v. Superior CourtCalifornia Supreme Court · 1992
  4. McAllister v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1968
  5. Pullman Kellogg v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1980

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3Cited by10 opinions

  1. Brodie v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 2007
  2. Kopping v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2006
  3. People v. GillardCalifornia Court of Appeal · 1997
  4. Marsh v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2005
  5. Fresno Unified School District v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2000

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