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Case Name | Ford v. Lawrence Berkeley Laboratory | |
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Date | 01/27/1997 | |
Note | No 'constructive' filing of applic. for adjudication by employee for employer liability for atty. fees. | |
Citation | 62 CCC 153 | |
WCC Citation | WCC 25641997 CA |
Charles Ford, Applicant v. Lawrence Berkeley Laboratory, Defendant. W. C. A. B. No. WCK 13904 Workers Compensation Appeals Board CCC 153 January 27, 1997 DISPOSITION: The Findings and Award dated May 3, 1996 are amended, in part, and affirmed, in part. Thereafter, defendant attempted to schedule a medical examination by another orthopedist, under purported authority of Labor Code section 4050. She therefore 'interpret[ed] applicant's filing of the application as being done constructively on the part of the defendant. 'The Board decision left open the possibility that further evaluation might be proper under Labor Code section 5703. 5(a). AMENDED AWARD AWARD IS MADE in favor of CHARLES FORD against LAWRENCE BERKELEY LABORATORY as follows: (a) Permanent disability indemnity in accordance with Finding of Fact number 5, less attorney's fees in accordance with Finding of Fact number 9, (b) Future medical treatment in accordance with Finding of Fact number 6, (c) Increased compensation (10% penalty) in accordance with Finding of Fact number 7.
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