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Case Name Huston v. WCAB
Date 09/07/1979
Note Comp. carrier had burden to prove TD before return to work, worker's burden after.
Citation 95 Cal.App.3d 856, 44 CCC 798
WCC Citation WCC 24861979 CA
Morris H. Rivers, M. D. , one of the treating physicians, in his report of March 9, 1977, indicated that he had last seen Huston on December 28, 1976, advised Huston to continue with physical therapy and told Huston to return for 'recheck' examinations but Huston had not kept his appointments. 5 Dr. Rivers reported on November 9, 1977, that he had last seen Huston when Huston had planned to return 'to his job in Venezuela. 'Huston also stated that he was last examined by Dr. Rivers in March 1977 and he did not return to see Dr. Rivers as it 'was like a release' the last time Huston saw Dr. Rivers. 19 and WCAB Rules of Practice and Procedure (WCAB Rules), sections 10462 fn. Further, while Dr. Reiswig says he 'presently' views Huston as permanent and stationary, he offers no opinion on whether Huston was permanent and stationary before then.

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