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Case Name Fidelity & Cas. Co. of NY v. WCAB (Ratzel)
Date 07/05/1967
Note A parties recourse in objecting to rating is to cross-examine expert and rebuttal evidence.
Citation 252 Cal.App.2d 327, 32 CCC 271
WCC Citation WCC 25391967 CA
THE FIDELITY & CASUALTY COMPANY OF NEW YORK, Petitioner, v. THE WORKMEN'S COMPENSATION APPEALS BOARD and HUGO W. RATZEL, Respondents. The applicant, born January 24, 1910, was employed as a steel fitter by Standard Steel Corporation. For present purposes we shall assume, without deciding, that they contain evidence of objective factors of disability as contended by the appeals board. Through inadvertence the referee's instructions and the recommended rating were not served on the petitioner until after the award issued. It said (p. 188): 'As this disability was not included in the permanent disability rating, the award to that extent is not sufficient.

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