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Case Name Zarate v. WCAB
Date 12/11/1979
Note Since not an employee, no reimbursement of deposition fees.
Citation 99 Cal.App.3d 598
WCC Citation WCC 26131979 CA
Appeals Board Proceedings Petitioner Ysidro Zarate filed a claim with the appeals board alleging he was an employee of Lily Cowan fn. The workers' compensation judge found that Zarate was not an 'employee' of Cowan; the judge accordingly denied workers' compensation benefits to Zarate. 2 to Zarate, consisting of $225 for a medical report and $47. 65 to Zarate's attorneys for litigation expenses. The three dissenting members opined that Zarate's medical-legal costs could be awarded under section 4600 even though Zarate was not an 'employee,' as Zarate acted in good faith in making his claim. Discussion [1] We agree with the WCAB lead opinion that as Zarate is not an 'employee' fn.

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