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| Case Name | E & J Gallo Winery v. WCAB | |
|---|---|---|
| Date | 05/20/2010 | |
| Note | [Unpublished] Having found the record inadequate, the WCAB appropriately exercised its power to defer making a permanent disability award and seek additional medical evidence. | |
| Citation | F058643 | |
| WCC Citation | WCC 36282010 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT E & J GALLO WINERY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CARMELA GARCIA, Respondents. -ooOoo- *Before Levy, Acting P. J. , Cornell, J. , and Gomes, J. E & J Gallo (Gallo) petitions this court for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). Gallo subsequently terminated Garcia either for not working overtime on October 17, 2006, or for misleading Gallo about the medical appointment. *fn3 On February 6, 2007, Garcia petitioned the WCAB to reopen for new and further disability based on medical reporting from Drs. Gallo also contends the WCAB inappropriately placed the burden of proof as to temporary disability on the defense rather than on Garcia.
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