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Case Name Solano County Probation Department v. WCAB (Auilar)
Date 01/07/2011
Note A workers' compensation judge mistakenly assumed that a doctor withdrew his opinion that 33% of a left hip injury should be apportioned to obesity and arthritis when the doctor amended his opinion on apportionment of a spine injury, California's 1st Appellate District Court of Appeal ruled.
Citation A129342
WCC Citation WCC 36992011 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR A129342 January 7, 2011 SOLANO COUNTY PROBATION DEPARTMENT, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND PAULA AGUILAR, RESPONDENTS. STATEMENT OF FACTS Respondent Paula Aguilar suffered injuries to her left shoulder, left elbow, low back, and left hip. The injuries arose in the course of her employment with petitioner Solano County Probation Department (Solano). Peter Mandell, M. D. , acting as an agreed medical examiner, examined Aguilar on at least four occasions and prepared several reports on her condition. In his first report, dated in October 2002, Dr. Mandell noted that Aguilar had pre-existing arthritis in her left hip.

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