Legal Opinion

Schmidt v. Workers' Compensation Appeals Board

California Court of Appeal

Decided September 20, 1994No. A064844PublishedCited by 1 opinion

1Opinion of the Court

Opinion

POCHÉ, Acting P. J.

We review a decision of respondent Workers’ Compensation Appeals Board (Board) that 80 percent of petitioner’s permanent disability should be apportioned to preexisting disability. Because we agree with petitioner that the evidence does not support apportionment, we will annul the Board’s order after reconsideration.

Factual and Procedural History

Petitioner’s employment with respondent City and County of San Francisco (city) commenced in approximately 1974. In 1980, he was a firefighter when he experienced back pain while lifting a large hose. He was off work about…

2Cases cited3 opinions

  1. Zemke v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1968
  2. King v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1991
  3. Ditler v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1982

3Cited by1 opinion

  1. Martins v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1995

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