California Court of Appeal

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Kopping v. Workers' Comp. Appeals Bd., C051885

Determination that petitioner has the burden of disproving overlap between his current permanent disability and his previous disability in order to establish his claim to permanent disability benefits is annulled as the adjusting agency for petitioner's employer has the burden of proving the overlap in order to establish its right to apportionment of petitioner's permanent disability.

Appellate Information

  • Decided 09/11/2006
  • Published 09/11/2006

Judges

  • ROBIE, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Dudley R. Phenix and Dudley R. Phenix, Sacramento, for Petitioner., Frailing, Rockwell & Kelly and John B. Frailing, Modesto, for California Applicants' Attorneys Association as Amicus Curiae on behalf of Petitioner.

  • For Appellees:
  • Robert W. Daneri, Suzanne Ah-Tye, San Francisco, and Don E. Clark, for Respondents California Highway Patrol and State Compensation Insurance Fund., No appearance for Respondent Workers' Compensation Appeals Board., Raymond G. Fortner, Jr., County Counsel, Patrick A. Wu, Assistant County Counsel, Leah D. Davis, Senior Deputy County Counsel, and Vincent A. Lim, Deputy County Counsel as Amicus Curiae on behalf of Respondents.
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