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Case Name Aetna Cas. & Surety Co. v. WCAB
Date 11/15/1973
Note Whether injury is to be treated as specific or cumulative is issue of fact and conclusive upon review.
Citation 35 Cal.App.3d 329, 38 CCC 720
WCC Citation WCC 27371973 CA
AETNA CASUALTY AND SURETY COMPANY et al. , Petitioners, v. WORKMEN'S COMPENSATION APPEALS BOARD, ALVIN H. COLTHARP et al. , Respondents (Opinion by The Court. )Finally, section 5303 provides as follows: 'There is but one cause of action for each injury coming within the provisions of this division. The specific incidents applicant recalled and filed on were clearly an aggravation of a pre-existing condition that started in 1948. 'The referee concluded that the lay and medical evidence substantially supported the finding of 'a cumulative trauma injury. 'In this regard, we shall initially focus on the correctness of the WCAB determination that the applicant did not suffer a 'specific' injury in 1969.

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