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Employers Lose on Apportionment at High Ct., but Win at 1st DCA

By Sherri Okamoto (Legal Reporter)

Wednesday, July 17, 2013 | 0

The California 1st District Court of Appeal on Tuesday ruled in favor of an employer that argued a worker's hearing loss should be apportioned for nonindustrial factors, handing business interests a small consolation prize after the state Supreme Court ruled against them last week in a case that touched on similar apportionment issues.In Acme Steel et al. v. WCAB, No. A137915, the 1st DCA ruled that a workers' compensation judge erred by failing to apportion Michael Borman's disability for progressive hearing loss caused by long exposure to industrial noise by taking into account t...

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