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Justices Grasp Nuances of Apportionment, SB 899

Wednesday, April 4, 2007 | 1

LOS ANGELES -- California Supreme Court justices exhibited a grasp of the dueling apportionment formulas during Tuesday's oral arguments in Brodie-Welcher and wondered why the Legislature was silent if it wanted to repeal the arithmetic used since 1979. "I gather the choice is between formula A and C. Is that right?" Justice Joyce Kennard asked applicants' attorney Mark Gearhart, who led off oral arguments for the petitioners. Kennard later told Gearhart's co-counsel, Sue Borg, that the applicants' attorneys face a hurdle in proving their case: The Workers' Compensation Appeals Board ch...

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