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Cal.4th 382 387. Former section 4663 provided only limited apportionment where an industrial injury aggravated a preexisting disease or condition "In case of aggravation of any disease existing prior to a compensable injury compensation shall be allowed only for the proportion of the disability
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.fn38 To determine the Legislature's intent courts have considered whether the applicable statute provides a consequence or penalty which voids the untimely action or whether the purpose of the legislation is defeated if the time limit is mandatory or jurisdictional in the fundamental sense rather than
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purpose of imposing respondeat superior liability is "that the tort be engendered by or arise from the work." Lisa M. v. Henry Mayo Newhall Memorial Hospital 1995 12 Cal.4th 291 298 Lisa M.. "The tortious occurrence must be a generally foreseeable consequence of the employer's activity' which
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process or failed to pay a claim without a reasonable basis. Indeed even if an insurer possesses a mistaken belief that a claim is not compensable it may be within the scope of permissible challenge.
Zolman 261 P.3d at 497 citations omitted.
"What constitutes reasonableness under the
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May 9 2005. The April 25 2005 report states
I saw James Robey today for neuropsychiatric evaluation and treatment. He has mental symptoms due to traumatic brain injury but also due to ongoing complex partial seizures that are a direct consequence of the head injury. These seizures cause a
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IIA employers accepted limited liability for claims that might not have been compensable under the common law. In exchange workers forfeited common law remedies." Cowlitz Stud Co. v. Clevenger 157 Wn.2d 569 572 141 P.3d 1 2006 citation omitted. RCW 51.04.010 articulates this compromise
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risk of assault beyond that of the general public an ensuing injury is a compensable workplace injury.
fn34 73 Nev. 226 315 P.2d 807 1957.
fn35 Marin 488 S.W.2d at 863; see also McColl 73 Nev. at 230 315 P.2d at 809.
fn36 Doe argues that statements in Ronquillo
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. Not only must we peruse the record to determine whether evidence illustrates that the injured experienced compensable pain suffering and anguish but also that the amount awarded for experiencing same is reasonable. Id.; Burlington Coat Factory Warehouse of El Paso Inc. v. Flores 951 S.W.2d at 548
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this intended or probable injury must be independent and qualitatively different from the breach of contract and the compensable harms associated with it. See Kountz 461 So.2d 802; Rawlings 151 Ariz. 149 726 P.2d 565; Linthicum v. Nationwide Life Ins. Co. 150 Ariz. 326 723 P.2d 675 Ariz. 1986
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that Jackson would suffer from at least some pain from those injuries for the rest of his life support the finding of past and future pain. See Gen. Motors Corp. v. Burry 203 S.W.3d 514 552 Tex. App.-Fort Worth 2006 pet. denied "Pain and suffering may be inferred or presumed as a consequence of
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