Citations
- 37 Cal. App. 4th 320
Full opinion text
Opinion
STONE (S. J.), P. J.
A workers’ compensation judge (WCJ) apportioned 50 percent of applicant’s permanent disability to subsequent noncompensable events—applicant’s pregnancy and unemployment—relying on Labor Code section 4750.5. Applicant petitioned for reconsideration, which the Workers’ Compensation Appeals Board (Board) denied. Applicant then petitioned for a writ of review, which this court granted. After review, we have concluded that the apportionment was erroneous, and remand this matter to the Board for appropriate disposition.
Facts and Procedural History
Applicant Audley Ashley, bom June 8, 1948, was employed in various clerical capacities with different employers, and developed severe carpal tunnel symptoms in both hands and extremities. Applicant alleged both specific and cumulative industrial injuries to her neck, back, spine, and upper and lower extremities as well as a miscarriage, in three compensation cases.
Her initial industrial injury was sustained on September 29, 1984. While on a banking errand for her employer, the San Luis Obispo YMCA, applicant’s vehicle was hit by another car. As a consequence, she injured her neck, back, shoulder; her nose was broken. It developed that applicant was pregnant, and she miscarried in December 1984. Applicant obtained medical treatment and was off work for a short time, but returned and worked until March 1986, when she could no longer keep up with the work. At no time did applicant’s employer advise her of her right to workers’ compensation, although the employer paid part of applicant’s medical expense.
Applicant commenced work in September 1986, with Bill Bowman Insurance Agency, also known as Central Coast Insurance, Inc., again in a clerical capacity. She developed carpal tunnel symptoms at this time and was forced to leave work in November 1986. This employer did not advise applicant of her compensation rights, either, and in addition was uninsured for workers’ compensation.
Applicant obtained state disability and stayed off work for a year. On about September 15, 1988, applicant began delivering telephone books for the Production Development Corporation. She left the job on September 26, 1988, because of increased neck pain. Applicant continued to be unaware of her workers’ compensation rights. Shortly thereafter, applicant became pregnant again, and delivered a child on July 22, 1989.
The three compensation claims were filed in January 1989. Applicant was examined thereafter by neurologist Hugh Greer, M.D., who wrote a series of reports about her injuries. He reported on November 13,1989, that applicant had been totally temporarily disabled from bilateral carpal tunnel syndrome since December 1986, that her symptoms had commenced during her employment at the Bill Bowman Insurance Agency, and that her disability was “the probable partial result” of her employment there. Dr. Greer repeated the view expressed first in October 11, 1989, that applicant’s disability should be apportioned “A. 40% to her employment at Bowman for four months. [5D B. 10% to her employment delivering phone books for one month. [