The Lindh case is now law, as the California Supreme Court denied on 3/13/2019 a Petition for Review filed on 1/17/2019 by the injured worker. As was discussed in a 12/11/2018 Special Bulletin on our website, SPECIAL BULLETIN: HUGE DEFENSE WIN IN LINDH, William Davis, an Associate Partner in our Santa Rosa office, obtained a significant decision addressing what constitutes valid apportionment of disability before the First District Court of Appeal in the case of City of Petaluma v. W.C.A.B. (Lindh). The Court of Appeal in Lindh ruled that a condition or disease process that is asymptomatic prior to an industrial injury can be a source of apportionment under Labor Code 4663 if there is substantial medical evidence that a condition or disease process contributes to overall disability after the industrial injury. That decision is now final as the California Supreme Court denied the Petition for Review. The reasoning set forth in Lindh now can and should be argued by employers in any instance where a party or medical legal evaluator is dismissing underlying pathology or pre-existing conditions in addressing apportionment because those conditions were asymptomatic prior to the industrial injury.
This Bulletin was written by Jim Cotter, Associate Partner in our Oakland office.