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Case Name | Beaida v. WCAB | |
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Date | 06/17/1968 | |
Note | Doctor's letter to WCAB asking for adjustment in disability rating was valid petition for review, timely filed. | |
Citation | 263 Cal.App.2d 204, 33 CCC 345 | |
WCC Citation | WCC 26421968 CA |
JOSEPH BEAIDA, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, PLACER COUNTY HOSPITAL et al. , Respondents. In summary, WCAB takes the position that Dr. Cummings' September 26 letter was not entitled to recognition as a pleading or petition, since the claimant still had an attorney of record; that the attorney, not the doctor, was the claimant's spokesman in the WCAB proceedings. It vests WCAB with jurisdiction to make the award if the injured employee institutes proceedings within five years of the injury date. A broader proceeding is available under sections 5803 and 5804, which authorize WCAB to amend an award upon a good cause where the disability has recurred or increased. The response of WCAB and the oral argument in this court discussed section 5803 as well.
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