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Justices Leave Non-Symptomatic Apportionment Intact

Friday, June 22, 2007 | 2

The California Supreme Court has refused to hear an apportionment case for a pre-existing arthritis that was non-symptomatic. The justices on Wednesday denied writ of Larry Gossett's petition for review of a Workers' Compensation Appeals Board ruling. The board apportioned Gossett's permanent disability award for an asymptomatic pre-existing condition that Gossett said had been dormant for a decade. Gossett, a union electrician, injured his knee and eventually required a knee replacement. His employer accepted the medical claim, but appealed when the workers' compensation trial judge a...

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