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Case Name | Abraham vs. WCAB (City of Buena Park) | |
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Date | 12/01/2003 | |
Note | WCAB ruling on PERS disability issue does not alter limitation to bring action within 5 years from date of injury. | |
Citation | 113 Cal.App.4th 1082 | |
WCC Citation | WCC 29592003 CA |
In this appeal, Sandra Abraham (appellant) challenges a judgment of the superior court denying her petition for writ of administrative mandamus against the Workers' Compensation Appeals Board (WCAB). The City of Buena Park (the city), appellant's former employer, appeared as the real party in interest in the proceeding below. Thereafter, in June 1997, appellant sought a determination by the WCAB that her disability was industrial. In accordance with section 21166, the WCAB hears and determines disputes arising under PERS regarding industrial causation of a disability. -------------------------- FOOTNOTES A claim for disability retirement benefits with PERS is a process separate from the application for disability benefits with the WCAB.
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