State Compensation etc. v. WCAB 11/10/11

State: California

Court: California Eastern District Court

Docket No: H036724

Case Date: 12/01/2011

Plaintiff: State Compensation etc.

Defendant: WCAB 11/10/11

Preview:Filed 11/10/11; pub. order 12/1/11 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

STATE COMPENSATION INSURANCE FUND, Petitioner, v. WORKERS COMPENSATION APPEALS BOARD and JAMES DORSETT, Respondents.

H036724 (W.C.A.B. Nos. ADJ584277, ADJ4288246)

Respondent James Dorsett sustained a specific injury to his cervical spine on March 21, 2000, while working for South Valley Glass, Inc. (South Valley Glass), and a cumulative trauma injury to his cervical spine between November 15, 2002, and June 8, 2004, while working for A-Tek Glass, Inc. (A-Tek). Both employers were insured for purposes of workers compensation by petitioner State Compensation Insurance Fund (SCIF). Dorsett filed separate applications to obtain workers compensation for his injuries. The workers compensation judge (WCJ) determined, based in part on the opinion of an agreed medical evaluator (AME), that Dorsett sustained an "overall combined permanent disability [of] 100 percent," that "there is only one injury," and that

"there can be no apportionment under Benson."1 SCIF filed separate petitions for reconsideration on behalf of South Valley and A-Tek. The Workers Compensation Appeals Board (the Board) denied reconsideration. In its timely petition for writ of review filed in this court, SCIF contends that the Board erred "when--despite the clear statutory command of Labor Code

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