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MERCIER v. WORKERS' COMP. APPEALS BD.

Docket No. L.A. 30332.

16 Cal.3d 711 (1976)

548 P.2d 361

129 Cal. Rptr. 161

PATRICK F. MERCIER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CITY OF LOS ANGELES, Respondents.

Supreme Court of California. In Bank.

April 20, 1976.

Attorney(s) appearing for the Case

COUNSEL

Lewis & Marenstein, Alan B. Marenstein and Harry B. Green for Petitioner.

Charles P. Scully, Kathryn E. Ringgold and Eugene C. Treaster as Amici Curiae on behalf of Petitioner.

Frank H. Batlin, Philip M. Miyamoto, Thomas J. McBirnie, Charles L. Swezey, Burt Pines, City Attorney, John T. Neville and H. John Wittorff, Assistant City Attorneys, and William G. Lorenzetti, Deputy City Attorney, for Respondents.

OPINION

CLARK, J.

Petitioner seeks annulment of a workers' compensation award apportioning part of his permanent disability to a prior industrial injury.

In 1970 petitioner, a Los Angeles police officer, suffered an industrial injury to his back. The Workers' Compensation Appeals Board determined that the back disability precluded petitioner from doing "heavy lifting and repetitive bending" and awarded a 34 1/2 percent permanent...

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