California, United States of America
The following excerpt is from Hart v. Workers' Comp. Appeals Bd., 147 Cal.Rptr. 384, 82 Cal.App.3d 619 (Cal. App. 1978):
Insofar as causation is concerned, the board, without the aid of the statutory presumption, found that the injury was 40-percent work related. However, if petitioner had been entitled to the benefit of the presumption, the nonattribution clause of Labor Code section 3212 would have precluded apportionment of the disability to any disease existing before the injury. (Muznik v. Workers' Comp. Appeals Bd. (1975) 51 Cal.App.3d 622, 638-639, 124 Cal.Rptr. 407.)
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