Brodie v. Workers' Compensation Appeals Board

Opinion

WERDEGAR, J.

These consolidated cases present the following question: When a worker suffers an industrial injury that results in permanent disability, how should the compensation owed based on the current level of permanent disability be discounted for either previous industrial injury or nonindustrial disabilities? The issue was originally settled by this court in Fuentes v. Workers’ Comp. Appeals Bd. (1976) 16 Cal.3d 1 [128 Cal.Rptr. 673, 547 P.2d 449] (Fuentes), but the 2004 omnibus reform of California’s workers’ compensation scheme created doubt as to whether the apportionment…