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Case Name | Facundo-Guerrero v. WCAB | |
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Date | 06/02/2008 | |
Note | There is nothing unconstitutional about Labor Code section 4604.5(d). The Legislature has legal authority to enact a law limiting petitioner's right to receive chiropractic treatment. | |
Citation | A119814 | |
WCC Citation | WCC 33772008 CA |
He filed a writ of review with this court after a Workers' Compensation Appeals Board (WCAB) decision determined that he was entitled to benefits covering only 24 chiropractic treatments, as specified by section 4604. 5(d). We reject all of these constitutional challenges to section 4604. 5(d), and affirm the decision of the WCAB. A hearing was held before a WCAB judge (WCJ) on February 16, 2007,*fn2 and an initial decision was issued on March 9. The WCAB granted reconsideration and adopted the September 5 decision of the WCJ as its own. In Costa, an electrician filed a claim for benefits with the WCAB and requested an expedited hearing because he was in " 'dire need of medical treatment, including home care. '
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