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CHEVRON U.S.A. v. WORKERS' COMP. APPEALS BD.

Docket No. A047411.

219 Cal.App.3d 1265 (1990)

268 Cal. Rptr. 699

CHEVRON U.S.A., INC., Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, LUCILLE STEELE et al., Respondents.

Court of Appeals of California, First District, Division Five.

April 27, 1990.

Attorney(s) appearing for the Case

COUNSEL

Harbinson, Carlson & Tune, Thomas J. Harbinson, Mark H. Tune and LiAnn Yamashiro for Petitioner

William B. Donohoe, Kazan & McClain and Victoria Edises for Respondents.

OPINION

KING, J.

In this case we hold that where two separate and distinct occupational disease processes resulting from a single period of exposure to asbestos manifest themselves at different times, each is entitled to a different date of injury, consistent with Labor Code1 section 5412, for purposes of calculating the applicable rate of statutory death benefits payable under section 4702.

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