Flash Report: Dykes Decision Deals Blow to Employers

By: Bess Shapiro

In one of the first setbacks for employers regarding the proper amount of permanent disability, the California Fifth District Court of Appeals ruled that a Workers' Compensation Judge was correct in allowing the monetary amount from a previous disability as opposed to the percentage to be subtracted from the new disability. The case, E.J. Gallo vs. WCAB (Dykes), overturns an earlier en banc decision--Nabors v. Piedmont Lumber & Mill Company--currently up on appeal.

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