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1st DCA Sets Oral Argument on Apportionment for Aggravation of Pre-Existing Condition

By WorkCompCentral

Friday, October 5, 2018 | 2

The 1st District Court of Appeal is set to hear argument next month about whether the long-standing rule holding employers liable for permanent disability caused by the aggravation of a pre-existing condition is relevant in the era of apportionment. The issue is being presented to the court in a case called City of Petaluma v. WCAB (Lindh). Aaron Lindh was a police officer for the City of Petaluma. He suffered head injuries during a training exercise in 2015, and afterwards he complained of headaches. Lindh also lost the vision in his left eye. Qualified medical evaluator Dr. David Kaye rep...

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