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Case Name | Yeager Construction v. WCAB and Dennis Gatten | |
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Date | 11/28/2006 | |
Note | Labor Code Section 4663 allows for the apportionment of pre-existing degenerative conditions. | |
Citation | 145 Cal. App. 4th 922 | |
WCC Citation | WCC 31992006 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO E. L. YEAGER CONSTRUCTION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and DENNIS GATTEN, Respondents. Rucka, O'Boyle, Lombardo & McKenna and Cosimo Aiello; Hinden, Rondeau & Brevlavsky and Charles R. Rondeau for Respondent Dennis Gatten. At the time of the injury, he was diagnosed with a lumbar strain/sprain with a compression facture at L2. The WCJ found applicant's industrial back injury caused a 74 percent permanent disability with no basis for apportionment. Filed 12/15/06 COURT OF APPEAL -- STATE OF CALIFORNIA FOURTH DISTRICT DIVISION TWO ORDER E. L. YEAGER CONSTRUCTION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and DENNIS GATTEN, Respondents.
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