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Case Name | Liberty Mutual Ins. Co. v. WCAB | |
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Date | 08/12/1980 | |
Note | Appeals Bd. may not deny petition to reopen without hearing specifics of case. | |
Citation | 109 Cal.App.3d 148, 45 CCC 866 | |
WCC Citation | WCC 25291980 CA |
LIBERTY MUTUAL INSURANCE COMPANY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and LEVON APRAHAMIAN, Respondents. [1a] Petitioner Liberty Mutual Insurance Company (Liberty) seeks review of the summary denial by respondent Workers' Compensation Appeals Board (Board) of Liberty's petition to reopen the workers' compensation award of respondent injured worker, Levon Aprahamian. We agree with Liberty that such summary denial was in error and accordingly annul the Board's decision. Citing Polach v. American Smelting & Refining Co. (1969) 34 Cal. Comp. Cases 511, and WCAB Rules of Practice and Procedure (Cal. Liberty then sought reconsideration by the Board, asserting it had been denied the opportunity to present evidence on its petition to reopen.
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