- No case name available -

Annotate this Case
[No. C028525. Third Dist. Nov. 24, 1999.]

ART PULASKI et al., Plaintiffs and Respondents, v. CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD, Defendant and Appellant; AMERICAN TRUCKING ASSOCIATIONS, INC., et al., Interveners and Appellants, AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, Intervener and Respondent.

[Modification fn. * of opinion (75 Cal.App.4th 1315) on denial of petition for rehearing.]

THE COURT.fn. † -It is ordered that the opinion filed herein on October 29, 1999, be modified in the following particulars:

1. On page 23, line 3 [75 Cal. App. 4th 1335, advance report, 2d par., lines 6-12 and 3d par.], beginning with the sentence "The court also interpreted this subdivision as permitting work-related causation to be determined by the employer rather than a licensed physician", delete the entire remaining paragraph and the subsequent paragraph. The opinion shall resume with the last paragraph on page 23, line 21 [75 Cal. App. 4th 1335, advance report, last par.], beginning with the words "Labor defends deletion of the predominant cause requirement".

2. On page 28, line 8 [75 Cal. App. 4th 1338, advance report, 3d par., line 3] , at the end of the sentence which reads "It immunizes nearly four of five employers from regulation: 25 percent of all employees in California are shorn of all protection against RMIs" add as footnote 12 the following:

In its reply brief and again in a petition for rehearing, the Board asserts the statewide figure for exempted workers is closer to 14 percent. The Board derives this figure by extrapolating numbers contained in a state labor market table for the third quarter of 1993 categorizing "reporting units" with zero to nine employees. However, there is no indication from the table [76 Cal. App. 4th 684b] whether "reporting units" coincides with the number of employers statewide. Moreover, at the hearing in the trial court, the Board's counsel represented that the figure was "About 25 percent."

This footnote will require renumbering of all subsequent footnotes.

Defendant California Occupational Safety and Health Standards Board's petition for rehearing is denied.

There is no change in judgment.

FN *. This modification requires movement of text affecting pages 1332-1333 and 1335-1340 of the bound volume report.

FN †. Before Scotland, P. J., Davis, and Callahan, J.