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GENERAL FOUNDRY SERVICE v. WORKERS' COMP. APPEALS BD.

Docket No. S.F. 24910.

42 Cal.3d 331 (1986)

721 P.2d 124

228 Cal. Rptr. 243

GENERAL FOUNDRY SERVICE et al., Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, WILLIAM EDWIN JACKSON et al., Respondents.

Supreme Court of California.

August 4, 1986.

Attorney(s) appearing for the Case

COUNSEL

Sedgwick, Detert, Moran & Arnold, Thomas G. Rajspic, C. Gordon Taylor, Laughlin, Falbo, Levy & Moresi and Michael W. Laughlin for Petitioners.

Samuel E. Meredith and Goshkin, Pollatsek, Meredith & Lee as Amici Curiae on behalf of Petitioners.

Steve Kazan, Victoria L. Edises and Bryce C. Anderson for Respondents.

James E. Miller and McCarthy, Johnson & Miller as Amici Curiae on behalf of Respondents.

OPINION

REYNOSO, J.

Exposure to asbestos in the workplace may cause cancer in a worker after a latency period of 20 to 40 years. The Labor Code contains a five-year statutory limitation on the Workers' Compensation Appeals Board's (Board) jurisdiction once a date of injury is established for a permanent disability. Thus, if a permanent disability rating takes place too early, an employee with a progressive lung disease such as asbestosis...

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