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Case Name | CA State Auto. Assoc. v. WCAB (Martin) | |
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Date | 10/16/1998 | |
Note | Applicant's retirement not a waiver of right to voc. rehab. if related to employer's failure to give notice of rights to rehab. | |
Citation | 63 CCC 1413 | |
WCC Citation | WCC 28001998 CA |
The first was that Applicant was not a Qualified Injured Worker and the second was that Applicant was entitled to retroactive VRMA. The WCJ reversed the RU Determination in part in its FA&O when it deemed that Applicant was, in fact, a QIW and was entitled to VRMA. Defendants petitioned for reconsideration, claiming that Applicant chose to retire and declined Defendants' offer of modified work and, therefore, the awards were not warranted. The WCAB granted reconsideration and issued a decision that adopted the WCJ's report and findings. WRIT DENIED, Defendants' request for a stay of proceedings DENIED, and Applicant's request for Labor Code Sec.
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