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Case Name | Maranian v. WCAB | |
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Date | 06/26/2000 | |
Note | 90-day limitation runs from date of receipt of Claim Form; Order on Recon final re appellate review. | |
Citation | 81 Cal.App.4th 1068, 65 CCC 650 | |
WCC Citation | WCC 24912000 CA |
The WCJ therefore applied the statutory presumption, concluded Maranian had sustained a work-related injury, and awarded benefits. On June 6, 1997, Simplot filed a petition with respondent WCAB seeking reconsideration of the WCJ's award in favor of Maranian. The WCAB decision challenged by Maranian did not decide the merits of Maranian's claim for compensation, and it is possible Maranian may succeed, at the ordered plenary trial, in proving liability and a right to the benefits he wants. A legally incorrect decision by the WCAB barring application of the presumption would prevent Maranian from exercising a substantial right to which he is lawfully entitled--the benefit of the statutory presumption. The WCAB obviously agreed the WCJ's order was final for purposes of section 5900, because it granted Industrial's petition for reconsideration; had the order not been final, the WCAB should not have agreed to reconsider.
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