Legal Opinion

Fullmer v. Workers' Compensation Appeals Board

California Court of Appeal

Decided July 24, 1979No. Civ. 44531PublishedCited by 7 opinions

1Opinion of the Court

Opinion

CALDECOTT, P. J.

The principal issue presented on this appeal is whether the rule of Wilkinson v. Workers’ Comp. Appeals Bd. (1977) 19 Cal.3d 491 [138 Cal.Rptr. 696, 564 P.2d 848], is applicable even though the successive injuries were not sustained by applicant while in the employ of the same employer. We hold that the rule is applicable.

In Wilkinson, the Supreme Court held that in the absence of substantial evidence that the first injury in itself would have progressed to cause permanent disability, permanent disability is not to be apportioned when an injured worker suffers more than…

2Cases cited7 opinions

  1. Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
  2. Wilkinson v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1977
  3. Lundberg v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1968
  4. Eckl v. DavisCalifornia Court of Appeal · 1975
  5. Van Voorhis v. Workmen's Compensation Appeals BoardCalifornia Court of Appeal · 1974

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Harold v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1980
  2. Parker v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1992
  3. Department of Education v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1993
  4. Liberty Mutual Insurance v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1981
  5. Norton v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1980

2 more not listed; retrieve them via the Exa API.

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