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DAVIS v. WORKERS' COMP. APPEALS BD.

Nos. H029544, H029834.

51 Cal.Rptr.3d 605 (2006)

145 Cal.App.4th 324

Fortunata Mary DAVIS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and Allied Security et al., Respondents. Moises Torres, Petitioner, v. Workers' Compensation Appeals Board and Williams Tank Lines et al., Respondents.

Court of Appeal of California, Sixth District.

November 30, 2006.

Attorney(s) appearing for the Case

Russell D. Jacobson, San Jose, Butts & Johnson, for Petitioner, Fortunata Mary Davis.

Michael P. Holmes, San Diego, Laughlin, Falbo, Levy & Moresi, for Respondent, Allied Security.

David J. Froba, for Amicus Curiae for Petitioner, California Applicants' Attorney Association.

Leah D. Davis, Office of the County Counsel, for Amicus Curiae for Respondent, County of Los Angeles.

Jim Gonzalez, The Law Offices of Jim Gonzalez, for Petitioner, Moises Torres.

Marshall G. Candee, San Jose, Law Offices of Marshall Candee, for Respondent, Williams Tank Lines.

PREMO, Acting P.J.

I. Introduction

The question in these workers' compensation cases is whether the Legislature's 2004 overhaul of the workers' compensation statutes (Stats. 2004 (2003-2004 Reg. Sess.) ch. 34, p. 142 et seq.) was intended to alter the formula used to calculate a permanent disability award when the employee's overall disability is subject to apportionment. We conclude that, notwithstanding...

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