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Case Name Dykes v. WCAB
Date 11/04/2008
Note [Unpublished] The Supreme Court's decision in Brodie constituted good cause to reopen Dykes's prior disability award, even after it had been affirmed by this court and denied review by the Supreme Court.
Citation F055891
WCC Citation WCC 34592008 CA
Perplexed by the WCAB's actions, Dykes asks whether the WCAB exceeded its powers by reopening and reconsidering his award which already had been exhaustively litigated and affirmed through the appellate process. "Gallo timely petitioned the Workers' Compensation Appeals Board (WCAB) for reconsideration, contending that the Labor Code mandated subtracting the percentage, not dollar amount, of the prior award from Dyke's disability award. Dykes argues that more than a simple change in the law is required to trigger good cause to reopen a WCAB decision. Dykes believes the WCAB was instead required to find our prior decision presented "exceptional circumstances of hardship and injustice. "Dykes lastly contends that permitting the WCAB to reopen a disability award based on a change in the law will cast doubt on all final WCAB awards and create "a recipe for mass relitigation," particularly when future disability tables are revised.

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