Marsh v. WCAB
Stanley Marsh petitions this court for a second writ of review (Cal. Rules of Court, rule 8.494; Lab. Code, 5950) following this courts earlier decision concluding the new apportionment provisions of Senate Bill No. 899 (SB 899) applied to all cases not yet final at the time of the legislative enactment on April 19, 2004, regardless of the dates of injury and any interim decision. (Marsh v. Workers Comp. Appeals Bd. (2005) 130 Cal.App.4th 906 (Marsh); Stats. 2004, ch. 34.) Marsh contends that under SB 899s revised apportionment standards, the etermination of the Workers Compensation Appeals Board (WCAB) that his 24 percent increase in permanent disability was 50 percent nonindustrial lacks substantial evidence and that the WCAB should have instead adopted the opinion of the workers compensation administrative law judge (WCJ) finding apportionment inappropriate. Marsh also claims the WCAB exceeded its powers by deferring its disposition on the calculation of benefits until the law of apportionment is settled. Court deny the petition.
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