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Case Name Barr v. WCAB
Date 06/23/2008
Note The WCAB retains discretion to award costs under Labor Code section 5811, whether or not a vocational rehabilitation consultant's report itself is admissible under Labor Code section 5703.
Citation C054907
WCC Citation WCC 33872008 CA
We conclude the WCAB retains discretion to award costs whether or not the report itself is admissible. Because the WCAB failed to exercise its discretion in Barr's case by erroneously finding that an inadmissible report precludes an award of costs as a matter of law, we remand the case to the WCAB to exercise its discretion. FACTS Jim Barr had preexisting injuries when, in August 1999, he sustained additional injuries while working for Maita Oldsmobile Body Shop as an estimator. We now address whether the WCAB has the discretion to award costs for the preparation of a vocational rehabilitation consultant's report. Because these costs are not defined by statute, the WCAB and SIF venture far and wide to resolve our narrow issue.

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