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Case Name | Zarate v. WCAB | |
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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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