WELCHER v. WORKERS' COMPENSATION APPEALS BOARD,

Filed 8/31/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Shasta/San Francisco)

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KENNETH DEE WELCHER,

Petitioner,

WORKERS' COMPENSATION APPEALS BOARD, HAT CREEK CONSTRUCTION, INC. et al.,

Respondents.

C051263

(WCAB No. RDG 106122)

JACK STRONG,

Petitioner,

WORKERS' COMPENSATION APPEALS BOARD and CITY AND COUNTY OF SAN FRANCISCO,

Respondents.

C051409

(WCAB No. SFO 047903)

AURORA LOPEZ,

Petitioner,

WORKERS' COMPENSATION APPEALS BOARD, DEPARTMENT OF SOCIAL SERVICES et al.,

Respondents.

C051790

(WCAB No. RDG 089060)

HENRY L. WILLIAMS, JR.,

Petitioner,

WORKERS' COMPENSATION APPEALS BOARD and UNITED AIRLINES,

Respondents.

C051894

(WCAB Nos. SFO 0434079, SFO 0474801)

Continue from Part II â€¦â€¦â€¦

The Gallo court concluded â€

Description	Under the 2004 amendments to the workers' compensation law, where a partially disabled worker sustains a work related injury causing further permanent disability, the correct method to apportion worker's permanent disability is to subtract the percentage of permanent disability caused by factors other than the current industrial injury from the overall percentage of permanent disability, thus determining the percentage of permanent disability caused by the current injury, even if the current injury is to a completely different body part. The worker is then entitled to the monetary value of permanent disability benefits payable for this percentage of permanent disability.
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