Ed KOPPING, Petitioner,
v.
WORKERS' COMPENSATION APPEALS BOARD, California Highway Patrol et al., Respondents.
Court of Appeal of California, Third District.https://leagle.com/images/logo.png
September 11, 2006.
September 11, 2006.
Attorney(s) appearing for the Case
Law Offices of Dudley R. Phenix and Dudley R. Phenix, Sacramento, for Petitioner.
Frailing, Rockwell & Kelly and John B. Frailing, Modesto, for California Applicants' Attorneys Association as Amicus Curiae on behalf of Petitioner.
Robert W. Daneri, Suzanne Ah-Tye, San Francisco, and Don E. Clark, for Respondents California Highway Patrol and State Compensation Insurance Fund.
No appearance for Respondent Workers' Compensation Appeals Board.
Raymond G. Fortner, Jr., County Counsel, Patrick A. Wu, Assistant County Counsel, Leah D. Davis, Senior Deputy County Counsel, and Vincent A. Lim, Deputy County Counsel as Amicus Curiae on behalf of Respondents.
Court of Appeal of California, Third District.
ROBIE, Acting P.J.
The question here is whether the presumption established by subdivision (b) of Labor Code1 section 4664 (section 4664(b)) is conclusive or rebuttable. That statute, which is one of the workers' compensation statutes enacted in 2004 to govern apportionment of permanent disability (Stats.2004, ch. 34, § 35),2 provides that "[i]f the applicant has received a prior award of permanent disability...
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