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Case Name | Seabright Ins. Co. v. WCAB (Fitzpatrick) | |
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Date | 01/29/2008 | |
Note | [Unpublished] On remand, if the WCAB determines that apportionment is warranted, it is directed to calculate apportionment consistently with Brodie v. WCAB, 40 Cal.4th 1313. | |
Citation | C055227 | |
WCC Citation | WCC 33082008 CA |
Ct. No. SAC0323184) In this workers' compensation proceeding, Dianne Fitzpatrick (applicant) and Seabright Insurance Company (Seabright) separately seek writ review of the actions taken by respondent Workers' Compensation Appeals Board (WCAB). (2) The WCAB wrongly disregarded her expert witness's testimony as to the rating of her permanent disability. Applicant requested an expedited WCAB hearing to obtain an order that defendant authorize treatment in accordance with Dr. Prasad's recommendations. The WCJ's Report and Recommendation On February 8, 2007, the WCJ filed his report and recommendation to the WCAB on applicant's petition. As explained further in the Discussion, Escobedo is the leading WCAB decision on apportionment under Labor Code section 4663.
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