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Case Name Gaiera v. WCAB
Date 03/28/1969
Note Selection of factors for disability rating and percentage are sole discretion of WCAB.
Citation 271 Cal.App.2d 246, 34 CCC 182
WCC Citation WCC 25381969 CA
EMILIO GAIERA, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, ROSALIE GAIERA et al. , Respondents. We have concluded that when the appeals board denies a petition for reconsideration, its order may incorporate and include therein the report of the referee. (1968) 68 Cal. 2d 753 [68 Cal. Rptr. 825, 441 P. 2d 633], wherein the appeals board issued its order granting reconsideration. Dr. Gaiera, the son of petitioner, stated that petitioner's 'major complaint is irremediable. '[4] The referee's instructions to the Permanent Disability Rating Bureau are, in effect, findings of fact on these issues.

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