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DEPARTMENT OF CORRECTIONS & REHABILITATION v. WORKERS' COMP. APPEALS BD.

No. C057410.

166 Cal.App.4th 911 (2008)

DEPARTMENT OF CORRECTIONS AND REHABILITATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, Respondent; JAMES E. ALEXANDER, Real Party in Interest.

Court of Appeals of California, Third District.

September 10, 2008.

Attorney(s) appearing for the Case

Matheny Sears Linkert & Jaime, Michael A. Bishop and Jennifer J. Schultz for Petitioner.

No appearance for Respondent.

Peter J. Donoghue for Real Party in Interest.

Robert J. Sherwin for Los Angeles Professional Peace Officers Association, Los Angeles Police Protective League, Los Angeles County Firefighters Association, United Firefighters of Los Angeles City, and The California State Firefighters Association as Amici Curiae on behalf of Real Party in Interest.

OPINION

SIMS, Acting P. J.—

INTRODUCTION

In 2004, as part of a comprehensive reform of workers' compensation law adopted as urgency legislation, the Legislature enacted Senate Bill No. 899 (2003-2004 Reg. Sess.) (Senate Bill 899), which contained a provision that, on its face, required every permanent disability award to be apportioned to the extent that the disability...

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