Benson v. WCAB and The Permanente Medical Group, affirmed!
The First Appellate District of the Court of Appeal of the State of California has affirmed the Workers’ Compensation Appeals Board in Benson v. WCAB and the Permanente Medical Group, affirmed (2/10/2009). The Court of Appeals held, in relevant part, that “[t]he Wilkinson doctrine is inconsistent with the apportionment reforms enacted by Senate Bill No. 899.”
The basic upshot is that barring “limited circumstances” each distinct industrial injury will require its own Award.