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1st DCA to Weigh In On Application of 'Dual Occupation Doctrine'

By Sherri Okamoto (Legal Reporter)

Wednesday, October 22, 2014 | 2

The California 1st District Court of Appeal will weigh in on when and how the "dual occupation doctrine" should apply when rating an applicant's permanent disability. As a general rule, when a worker's duties embrace two forms of occupation, the worker is entitled to be rated for the occupation that carries the highest percentage of disability. Last week, the court granted writ to Powell v. WCAB, which involves a managerial employee's claim that his disability should have put him within the occupational group normally applicable to clerical workers because of his extens...

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