Legal Opinion

Fresno Unified School District v. Workers' Compensation Appeals Board

California Court of Appeal

Decided November 22, 2000No. F034993PublishedCited by 4 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

DIBIASO, Acting P. J.

In the published portion of this opinion, we construe certain language in Labor Code section 4750.5. We hold, first, that the phrase “unrelated noncompensable injury” means a disabling event which, had it been work related, would be compensable under the worker’s compensation laws, and, second, that the word “solely” was intended to incorporate the existing rules applicable to the apportionment of successive disabilities.

Summary of Proceedings Below

Respondent Daniel Humphrey was employed as a custodian for petitioner Fresno Unified School District (FUSD) between…

2Cases cited30 opinions

  1. Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
  2. Davey v. Southern Pacific Co.California Supreme Court · 1897
  3. Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of DirectorsCalifornia Supreme Court · 1993
  4. Livitsanos v. Superior CourtCalifornia Supreme Court · 1992
  5. Green v. Superior CourtCalifornia Supreme Court · 1985

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3Cited by4 opinions

  1. Marsh v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2005
  2. E & J Gallo Winery v. the Worker's Compensation Appeals BoardCalifornia Court of Appeal · 2005
  3. Davis v. WORKERS'COMP. APPEALS BD.California Court of Appeal · 2006
  4. State Compensation Ins. Fund v. WCABCalifornia Court of Appeal · 2006

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