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Case Name Hertz v. WCAB (Aguilar)
Date 12/16/2008
Note An employer is not responsible for any portion of a worker's permanent disability that is caused by pre-existing non-industrial factors.
Citation H032438
WCC Citation WCC 35122008 CA
SJO226456, SJO228891, SJO235420) INTRODUCTION Respondent Manuel Aguilar sustained specific and cumulative injuries to both of his knees, shoulders and wrists, and to his right ankle while working as an auto washer for petitioner Hertz Corporation (Hertz). Therefore, we conclude that Hertz is not liable for that portion of Aguilar's permanent disability that is caused by pre-existing nonindustrial factors. In 1984 or 1985, he obtained employment with Hertz as an auto washer, regularly working 80 hours a week. [Aguilar] is not able to return to his full duties at Hertz and is a Qualified Injured Worker . [Hertz] is attempting to obtain apportionment to factors which are not disability.

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