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Case Name | Graczyk v. WCAB | |
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Date | 08/08/1986 | |
Note | Scholarship athletes are not employees; applies retroactively. | |
Citation | 184 Cal.App.3d 997, 51 CCC 408 | |
WCC Citation | WCC 24351986 CA |
RICKY D. GRACZYK, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, CALIFORNIA STATE UNIVERSITY, FULLERTON et al. , Respondents. The Board granted reconsideration and found (in a two-to-one decision) that applicant was not an employee of CSUF. Com. , supra, 219 Cal. App. 2d 457, and hence he could not be deprived of it retroactively by the Legislature's 1981 amendment to section 3352. To determine whether applicant had a vested right of action, we must look to the unique nature of the workers' compensation law in California. Workers' Compensation Practice (Cont. Ed. Bar 1985) § 1. 3, p. 4; see Lowman v. Stafford (1964) 226 Cal. App. 2d 31, 36 [37 Cal. Rptr.
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