WELCHER v. WORKERS' COMP. APPEALS BD.

Nos. C051263, C051409, C051790, C051894.

47 Cal.Rptr.3d 888 (2006)

Kenneth Dee WELCHER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, Hat Creek Construction, Inc. et al., Respondents. Jack Strong, Petitioner, v. Workers' Compensation Appeals Board and City and County of San Francisco, Respondents. Aurora Lopez, Petitioner, v. Workers' Compensation Appeals Board, Department of Social Services et al., Respondents. Henry L. Williams, Jr., Petitioner, v. Workers' Compensation Appeals Board and United Airlines, Respondents.

Court of Appeal of California, Third District.

August 31, 2006.


Attorney(s) appearing for the Case

Leep & Tescher and M.K. Tescher, Jr., for Petitioners Kenneth Dee Welcher and Aurora Lopez.

Robert W. Daneri, Suzanne Ah-Tye, and San Francisco, David M. Goi for Respondents Hat Creek Construction, Inc., State Compensation Insurance Fund, and Department of Social Services.

No appearance for Respondent Workers' Compensation Appeals Board.

Gearheart & Otis and Roy J. Otis, Pleasant Hill, for Petitioner Jack Strong.

Dennis J. Herrera, City Attorney, Rebecca Liu and M. Diane Weber, Deputy City Attorneys for Respondent City and County of San Francisco.

DuRard, McKenna and Borg and Susan R. Borg, San Mateo, for Petitioner Henry L. Williams, Jr.

Laughlin, Falbo, Levy & Moresi and Catherine J. Longman for Respondent United Airlines.

David J. Froba for California Applicants' Attorneys Association as Amicus Curiae on behalf of all Petitioners.

Raymond G. Fortner, Jr., County Counsel, Patrick A. Wu, Assistant County Counsel, Leah D. Davis, Senior Deputy County Counsel, and Vincent A. Lim, Deputy County Counsel for County of Los Angeles as Amicus Curiae on behalf of all Respondents.

Finnegan, Marks, Hampton & Theofel and Ellen Sims Langille, San Francisco, for California Workers' Compensation Institute as Amicus Curiae on behalf of all Respondents.

Sedgwick, Detert, Moran, & Arnold LLP, Christina J. Imre and Orly Degani, Los Angeles, for California Chamber of Commerce as Amicus Curia on behalf of all Respondents.


ROBIE, J.

These four consolidated cases raise the issue of how to properly apportion permanent disability in light of the 2004 amendments to the workers' compensation law. (Stats.2004, ch. 34.) We conclude that in repealing Labor Code1 section 4750 and in enacting new sections 4663 and 4664 to govern apportionment, the Legislature did not intend to alter the apportionment method adopted...

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