Login


Notice: Passwords are now case-sensitive

Remember Me
Register a new account
Forgot your password?
Case Name Save Mart v. WCAB
Date 01/11/2008
Note [Unpublished] Substantial evidence is relevant evidence that a reasonable mind might accept as adequate to support a conclusion. In the present case, the WCAB's decision was both reasonable and based on substantial evidence.
Citation F053535
WCC Citation WCC 32992008 CA
Save Mart Supermarkets (Save Mart) petitions for a writ of review (Lab. A Save Mart claims adjuster advised both Young and Dr. Schroeder's staff that same day that Save Mart would not authorize payment to Dr. Schroeder because Young was required to use an employer-approved doctor during the first 30 days of her September 21, 2002, fall. Even if, as Save Mart alleges, Young's misdemeanor plea resulted from her deposition testimony as opposed to the history she provided to Dr. Allende at the FIRM, Save Mart again fails to point to any misstatement she provided to Dr. Curran. Attorney Fees Relating to Save Mart's Application for Adjudication Concluding Young had complied with Save Mart's directives, the WCAB adopted the WCJ's award of attorney fees in favor of Young arising out of Save Mart's application for adjudication. Save Mart contends section 4064, subdivision (c) is inapplicable here because Young filed an initial application for adjudication before Save Mart filed a subsequent application for adjudication disputing the recommendations of Drs.

Download full case here.