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Case Name | Avila v. WCAB | |
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Date | 12/30/1970 | |
Note | PD when impairment of earning capacity or normal use of a member, or handicap in labor mkt. | |
Citation | 14 Cal.App.3d 33, 35 CCC 637 | |
WCC Citation | WCC 25111970 CA |
LEONIDES AVILA, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, B. S. BAINS et al. , Respondents (Opinion by Friedman, J. , with Pierce, P. J. , and Janes, J. , concurring. )1 Before the accident Mr. Avila, the applicant, had a permanent deformity of the right hip and leg as the result of an inflammatory disease during childhood. Nevertheless, he made a living as a farm laborer, picking and thinning fruit and ground crops and pruning trees. His hip and leg condition appears to have been stationary; at least, there is no evidence that it was progressive. [1a] Mr. Avila claims that his condition before the accident did not disable him from pursuing his occupation; thus, that this is a 'lighting up' [14 Cal. App. 3d 37] case, chargeable entirely to the job in which the accident occurred.
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