What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board held that the Wilkinson rule is no longer generally applicable under SB 899's apportionment based on causation, requiring separate awards for each injury. The WCJ's combined award was rescinded and replaced with separate awards of 31% permanent disability for each injury, based on the AME's apportionment.
From the decision · page 115 and stationary on September 25, 2005, and that the two injuries combined to cause 62% permanent
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The AME found applicant's disability was caused equally by both her specific trauma injuries to the neck, each causing 31% permanent disability.
Favours Applicant prevailed
This medical apportionment formed the basis for rescinding the combined award and substituting separate awards for each injury.
From the decision · page 1827 Here, the AME found applicant's disability was caused equally by both her specific trauma