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E.L. YEAGER CONST. v. W.C.A.B.

No. E038699.

52 Cal.Rptr.3d 133 (2006)

145 Cal.App.4th 922

E.L. YEAGER CONSTRUCTION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and Dennis Gatten, Respondents.

Court of Appeal of California, Fourth District, Division Two.

November 28, 2006.

Attorney(s) appearing for the Case

Stockwell, Harris, Widom, Woolverton & Muehl and Anne C. Bobchick, San Bernardino, for Petitioner.

Finnegan, Marks, Hampton & Theofel and Michael A. Marks, San Francisco, for California Workers' Compensation Institute as Amicus Curiae on behalf of Petitioner.

Rucka, O'Boyle, Lombardo & McKenna and Cosimo Aiello, Salinas; Hinden, Rondeau & Brevlavsky and Charles R. Rondeau, Bakersfield, for Respondent Dennis Gatten.

Neil P. Sullivan and Vincent Bausano, for Respondent Workers' Compensation Appeals Board.

OPINION

HOLLENHORST, Acting P.J.

E.L. Yeager Construction and its workers' compensation insurer (collectively referred to as "petitioner") petition for a writ of review to determine the lawfulness of an award and an order denying reconsideration in a proceeding before the Workers' Compensation Appeals Board (Board). They contend that the Board erred by not correctly applying the newly enacted apportionment statutes and in rejecting the independent medical...

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