County of Santa Clara v. Workers' Compensation Appeals Board

Docket NumberH046562
Decision Date27 May 2020
Justice, employed as a workers’ compensation claims adjuster since 1991, fell at work in 2011 and injured her left knee. She later developed problems in her right knee, which was found to be a compensable consequence of the first injury. In 2012-2013 Justice had total bilateral knee replacement. Dr. Anderson, an orthopedic surgeon, testified that there was significant preinjury degeneration in both knees, that knee replacement was not required because of the meniscus tear, and that the fall...

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1 cases
  • People v. Lima
    • United States
    • California Court of Appeals
    • May 27, 2020
2 books & journal articles
  • Permanent disability
    • United States
    • James Publishing Practical Law Books California Workers' Compensation Law and Practice - Volume 1
    • March 31, 2022
    ...whether the disability arose and was at least a partial causative factor for the surgery as in County of Santa Clara v. WCAB (Justice) 49 Cal.App 5th 605; 85 CCC 467. In the Justice case, the Court of Appeal distinguished Hikida by pointing out that the applicant in the Justice case had mar......
  • Apportionment Now: Where We Are After Justice, Hikida, and Lindh
    • United States
    • California Lawyers Association Workers' Compensation Quarterly (CLA) No. 33-2, June 2020
    • Invalid date
    ...27, 2020, the Sixth District Court of Appeal published a major apportionment decision in County of Santa Clara v. WCAB (Justice) (2020) 49 Cal.App.5th 605.What is immediately important for the workers' compensation practitioner is the Justice decision's dramatic limitation of the potential ......