IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT E. & J. GALLO WINERY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JOE RUBIO, Respondents. -ooOoo- *Before Vartabedian, Acting P. J. , Gomes, J. , and Hill, J. E. & J. Gallo Winery (Gallo) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). Gallo petitioned the WCAB for reconsideration, arguing the WCJ's denial of apportionment lacked any basis in law or fact. Gallo contends the WCAB should have reduced Rubio's permanent disability award because it met its burden of proving a prior industrial injury. As the WCAB concluded, it was Gallo that failed to meet its burden of proving apportionment due to overlapping injuries.

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