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E & J GALLO WINERY v. WCAB

No. F047246.

37 Cal.Rptr.3d 208 (2005)

134 Cal.App.4th 1536

E & J GALLO WINERY, Petitioner, v. The WORKERS' COMPENSATION APPEALS BOARD and David Dykes, Respondents.

Court of Appeals of California, Fifth District, California.

December 20, 2005.

Attorney(s) appearing for the Case

Harbinson Tune Kasselik, Thomas J. Harbinson, Shakopee, MN, Lisa Erickson Kasselik and Susan I. Kagan for Petitioner.

Jones, Cochrane, Hollenback, Nelson & Zumwalt and Gary C. Nelson, Modesto, for Respondent.

David J. Froba for California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondent.

Vincent Bausano for Respondent Workers' Compensation Appeals Board.

OPINION

WISEMAN, J.

In this opinion we must determine the appropriate method of apportioning liability between two workers' compensation injuries as conjured by the Legislature in reforming the workers' compensation laws by enacting 2004 Senate Bill No. 899. We conclude that where an employee sustains multiple disabling injuries while working for the same self-insured employer, the employee is entitled to compensation for the total disability above any percentage...

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