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Case Name Yavitch v. WCAB
Date 04/20/1983
Note Decision after remittitur for review of findings is original decision, not one following reconsideration.
Citation 142 Cal.App.3d 64
WCC Citation WCC 26541983 CA
OPINION FEINERMAN, P. J. Petitioners Morris Yavitch and Continental Insurance Company seek an order compelling the Workers' Compensation Appeals Board (Board or WCAB) to annul its stay of WCAB proceedings pending the outcome of Los Angeles Superior Court number C-344346, to annul the rescission of the trial judge's findings and order of June 29, 1982, and thereafter to determine the petition for reconsideration on its merits. The petitioners, Morris Yavitch and his workers' compensation insurer, Continental Insurance Company, denied any industrial injury and the matter was tried. The applicant testified as follows: She worked for Morris Yavitch as a nurse, cook, driver and housekeeper during the summer of 1980. In reaching his decision, the judge stated: 'It is found that applicant was employed by Morris Yavitch on October 9, 1980. The applicant never alleged that WCAB should defer to the superior court in determining whether the WCAB had subject matter jurisdiction to determine whether there was a work-related injury.

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