Law Offices of Jeffrey R. Toff and Richard V. DeGruccio for Petitioner, Ann McCarthy. McCarthy filed petitions seeking relief under section 5814 on May 6, 2002, and May 14, . On January 5, 2005, before the WCAB acted on the petition for reconsideration, the WCJ issued its new findings, award, and order based on Abney. McCarthy was still "litigating" her legal claims when she petitioned the WCAB for reconsideration of the WCJ's findings in January 2005, and petitioned this court for a writ of review. McCarthy complains that when construing SB 899 in Abney, the WCAB ignored the amendment to former section 5814.

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