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Case Name | Marsh v. WCAB (Bostitch) | |
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Date | 06/28/2005 | |
Note | Apportionment under SB 899 applies to cases pending reconsideration. | |
Citation | 130 Cal.App.4th 906 | |
WCC Citation | WCC 31052005 CA |
Stanley Marsh (Marsh) petitions this court to review the lawfulness of an opinion of the Workers' Compensation Appeals Board (WCAB). In November 2001, Marsh timely petitioned the WCAB to reopen his disability claim by alleging the industrial injury caused new and further disability. Marsh contends the WCAB exceeded its powers by remanding the matter to the WCJ to determine whether SB 899 applied under the express terms of the legislation. Marsh's claim that a WCJ's decision is final before the WCAB has issued its decision on reconsideration clearly contravenes the statutory scheme permitting WCAB reconsideration. Meanwhile, we conclude that a WCAB determination is "final" for purposes of considering apportionment under SB 899 once the WCAB has issued a final judgment and the appellate process has been exhausted.
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