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Case Name Escobedo v. Marshalls; CNA Ins. Co.
Date 04/18/2005
Note Steps to apply apportionment under SB 899.
Citation 70 CCC 604 (2005)
WCC Citation WCC 30942005 CA
With regard to apportionment, Dr. Ovadia stated: "Ms. Escobedo's left knee residuals are directly related to the October 28, 2002 injury. Section 4663 as amended by SB 899 provides: "(a) Apportionment of permanent disability shall be based on causation. "(c) In order for a physician's report to be considered complete on the issue of permanent disability, it must include an apportionment determination. "(d) An employee who claims an industrial injury shall, upon request, disclose all previous permanent disabilities or physical impairments. "In this case, however, there is no assertion that applicant's preexisting arthritis was exacerbated or accelerated by her industrial injury.

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