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Case Name | Valadez v. WCAB | |
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Date | 10/15/2007 | |
Note | [Unpublished] The Legislature expressly established that the 2005 PDRS applies prospectively at the time of the WCAB's determination unless one of three specific exceptions applies. | |
Citation | F053290, VNO0500624 | |
WCC Citation | WCC 32672007 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT HORACIO MONTOYA VALADEZ, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and BONANZA FARMS, Respondents. -ooOoo- *Before A. P. J. , Levy, J. , Cornell, J. , and Gomes, J. Horacio Montoya Valadez (Montoya) petitions for a writ of review claiming the Workers' Compensation Appeals Board (WCAB) acted without or in excess of its powers by issuing an unreasonable decision based upon unsettled, wrongly decided law and unsupported findings of fact. *fn3 Montoya petitioned the WCAB for reconsideration contending the WCAB wrongly decided Pendergrass and Baglione and that the WCJ here should have adopted a permanent disability rating under the 1997 PDRS. On June 21, 2007, the WCAB denied reconsideration by adopting and incorporating the WCJ's report and recommendation. The WCAB issued earlier opinions in both Pendergrass and Baglione, but before they became final, a new majority resulting from a change in WCAB membership reconsidered the matters and reversed the prior decisions.
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