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Case Name | Western Growers Ins. Co. v. WCAB (Austin) | |
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Date | 06/01/1993 | |
Note | Liability for a CT runs from year preceding DOI or last exposure, whichever occurs first. | |
Citation | 16 Cal.App.4th 227 | |
WCC Citation | WCC 4101993 CA |
WESTERN GROWERS INSURANCE COMPANY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, BOYD WAYNE AUSTIN et al. , Respondents. Petitioner Western Growers Insurance Company (Western) and respondent Industrial Indemnity (Industrial) were the workers' compensation carriers for Kirschenman Enterprises during the relevant periods. Western filed with the Workers' Compensation Appeals Board (WCAB) a petition for reconsideration pursuant to section 5900. We reject a further claim by both Western and Industrial that the WCAB erroneously failed to apportion a percentage of Austin's disability to nonindustrial aggravating factors. Western and Industrial have cited no authority requiring the WCJ, the WCAB or this court to accept the AME's recommended apportionment of liability.
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