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| Case Name | Yeager Construction v. WCAB and Dennis Gatten | |
|---|---|---|
| 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 125/06 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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