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Case Name | Aliano v. WCAB | |
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Date | 12/24/1979 | |
Note | Reopened b/c employer failed to properly present facts in original decision; Service of hospital records not required but their willful suppression is fraud. | |
Citation | 100 Cal.App.3d 341, 44 CCC 1156 | |
WCC Citation | WCC 26651979 CA |
Aliano contends that the determination by the WCAB of his level of permanent disability resulting from the industrial injury is in error. Petition by Aliano for WCAB to Grant Reconsideration on Its Own Motion or Grant Reopening On October 7, 1974, more than 20 days after the findings and award of August 8, 1974, Aliano filed with the WCAB a 'Petition for Reconsideration on Appeals Board's Own Motion and Alternatively Petition to Reopen. 'In this petition Aliano argued that certain medical reports, which Aliano contended were material, had not been introduced into evidence by his prior counsel. D. Decision of WCAB on Reconsideration of Decision Granting Reopening Canoga/Eldorado sought reconsideration by the WCAB of the WCJ's decision. When the WCAB on reconsideration modified the award upon the petition for reconsideration by Canoga/Eldorado, Aliano could either seek reconsideration by the WCAB or could directly seek judicial review by a petition for writ of review.
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