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Davis v. Workers' Comp. App. Bd. (Allied Sec.), H029544, H029834

The Legislature's 2004 overhaul of the workers' compensation statutes was not intended to alter the formula used to calculate a permanent disability award when the employee's overall disability is subject to apportionment, and the calculation adopted by Fuentes v. Workers' Comp. Appeals Bd. (1976) 16 Cal.3d 1 continues to be appropriate.

Appellate Information

  • Decided 11/30/2006
  • Published 11/30/2006

Judges

  • PREMO, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Russell D. Jacobson, San Jose, Butts & Johnson, for Petitioner, Fortunata Mary Davis., David J. Froba, for Amicus Curiae for Petitioner, California Applicants' Attorney Association., Jim Gonzalez, The Law Offices of Jim Gonzalez, for Petitioner, Moises Torres.

  • For Appellees:
  • Michael P. Holmes, San Diego, Laughlin, Falbo, Levy & Moresi, for Respondent, Allied Security., Leah D. Davis, Office of the County Counsel, for Amicus Curiae for Respondent, County of Los Angeles., Marshall G. Candee, San Jose, Law Offices of Marshall Candee, for Respondent, Williams Tank Lines.
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