California Court of Appeals, First Appellate District
California Court of Appeals, First Appellate District

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.

First Ogilvie and Almaraz/Guzman, now Benson?  Its been an exciting two weeks to be a Workers’ Compensation attorney.

Office of the Clerk
Office of the Clerk

I recently gave a brief overview of my permanent disability and workers’ compensation benefit calculators. In that post I wrote a little bit about how my website calculators work.

In late 2004 I spent some of my free time working on a calculator for the 1997 Permanent Disability Rating Schedule 100% pure javascript (the only programming language I knew at the time). I had several reasons for never publicly releasing this calculator:

  • Uniformity. Not all computers and browsers perform all javascript functions the same way.
  • Speed. A pure javascript calculator would require the user to download all of the code – not just the parts they needed.
  • Protection. Anyone with a modicum of technical knowledge could simply downloaded the calculators, and then post it as their own.
  • Obsolete. With SB 899 and the 2005 Permanent Disability Rating Schedule, my calculator became nearly obsolete. I scrapped it rather than building a second calculator.

The current workers’ compensation benefits calculators use very very little javascript. Doing so has meant that I don’t have to worry about different computers/browsers, users only need to download the code they need to run a single calculation, and my calculators don’t work without my server.

Next up, PHP!