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Supreme Court Won't Disturb 3rd DCA Ruling on Requirements for Establishing PTD Status

By WorkCompCentral

Friday, January 4, 2019 | 1226 | 0 | 104 min read

The California Supreme Court will not change the precedential value of a decision from the 3rd District Court of Appeal on the proper procedural path for a worker to secure a finding of permanent total disability. The high court on Wednesday denied a request made in October by the California Applicants' Attorneys Association to depublish the 3rd DCA's ruling, which was opposed by insurers. In September, the 3rd DCA issued a decision in Department of Corrections and Rehabilitation v. WCAB (Fitzpatrick), which found that Labor Code Section 4662(b) does not provide a path to p...

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