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Kamin: Gov. Brown's Last Round of WC Legislation

11/16/2018
"_blank" City of Jackson v. WCAB where the appellate court found that the defendant had established apportionment of 49 to nonindustrial genetic factors. The appellate court had disagreed with and reversed the Workers’ Compensation Appeals Board’s decision as the WCAB had concluded that

Category: Industry Insights

SchuyMarilyn(formerlyTerryMarilyn)

04/01/2018
on which to base causation. However since 2004 it has allowed apportionment based on such a factor even though it may not have used the term "genetics." 15 Id. 13 16 17 18 19 20 21 22 23 24 25 26 Thus in Rice the Court of Appeal concluded that the QME's opinion that 49 of the injured

Category: Panel

Kamin: Legislative Update

08/20/2018
In that case the appellate court agreed with a trial judge’s decision that the City of Jackson had proven apportionment of 49 to nonindustrial genetic factors. The Workers’ Compensation Appeals Board ruled that the orthopedic qualified medical evaluator had apportioned to &ldquo

Category: Industry Insights

pauletteBell

07/01/2007
school district was cited by Cal OSHA for several defects which led to dust and fumes containing asbestos quartz silica and lead. The city school district appealed the fine but did not appeal the citations. Among the areas cited was the work area wherein Applicant was assigned the basement of Santa

Category: Panel

MartinezHelen

01/01/2018
substantial evidence upon which the board may base 14 an apportionment finding". Even the opinion of an AME will not be followed if it is not legally 15 substantial. Rodriguez v. Workers' Comp. Appeals Bd. 1994 21 Cal.App.4th 1747 1758-1759 59 16 Cal.Comp.Cases 14 Court of Appeal rejected AME's

Category: Panel

Junge, Robert

08/01/2021
higher risk of suffering that impaired vision. Similarly in City of Jackson v. Workers Comp. Appeals. Bd. Rice 2017 11 Cal.App.5th 109 82 Cal.Comp.Cases 437 the court reversed a finding of no apportionment for an industrial neck injury where a QME apportioned to degenerative disc disease

Category: Panel

Doviak v. Lowe's Home Centers, et al.

12/18/2020
this litigation. A party is entitled to such an instruction if the opposing party has failed to call at trial a witness under its control who would be "'expected to provide noncumulative testimony'" in that party's favor on a material issue Zito v City of New York 49 AD3d 872 874 2008 quoting

Category: Cases

MorenoSuguey

02/01/2020
1175 83 Cal.Comp.Cases 1869 and City of Jackson v. Workers' Comp. 2l Appeals. Bd. Rice 2017 22 sustained a loss of vision in part due to an asymptomatic underlying condition vascular spasticity the 23 court held that apportionment to the asymptomatic underlying condition or risk factor is

Category: Panel

Rose Michael

02/01/2024
provide some basis for an award but not standing alone. Id. at 1239. The California Court of Appeal subsequently held The Board noted that section 4605 is contained in article 2 of chapter 2 of part 2 of division 4 of the Labor Code which is titled Medical and Hospital Treatment. Considering

Category: Panel

JensenKen

05/01/2018
by the injury arising out of and occurring in the course of employment." 15 In Brodie v. Workers' Comp. Appeals Bd. 2007 40 Cal.4th 1313 72 Cal.Comp.Cases 565 the 16 Supreme Court declared that sections 4663 and 4664a established a "new regime of apportionment 17 based on causation" 40

Category: Panel

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