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Case Name | Burnham v. WCAB | |
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Date | 05/09/2008 | |
Note | [Unpublished] Good cause sufficient to invoke section 5803 may consist of newly discovered evidence that was previously unavailable, a change in the law, or any factor or circumstance unknown at the time the original award or order was made that renders the previous findings and award inequitable. | |
Citation | C055988 | |
WCC Citation | WCC 33542008 CA |
Ultimately the WCAB determined the new disability schedule applied and found Burnham had no permanent disability. Burnham appeals, contending the WCAB lacked authority to grant the City's second petition for reconsideration and erred in interpreting the statute implementing the new disability schedule. The WCJ found the new disability schedule should apply and that Burnham failed to establish any exceptions under section 4660, subdivision (d). Burnham sought reconsideration with the WCAB on August 14, 2006. Therefore, according to Burnham, the WCAB's third order was functus officio [of no further force or authority] since the jurisdiction of the WCAB was exhausted.
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