Legal Opinion · Dissent

Martino v. Workers' Compensation Appeals Board

California Court of Appeal

Decided November 25, 2002No. B155646Published

1Dissent

YEGAN, J.,

Dissenting.—I agree that we should (1) construe limitations provisions in workers’ compensation law liberally in favor of an injured worker (maj. opn., ante, at p. 489), (2) not elevate form over substance or insist on a strict chronological sequence in the filing of documents by an applicant (maj. opn., ante, at p. 490), and (3) liberally view the workers’ compensation laws in favor of affording substantial justice to injured workers (maj. opn., ante, at p. 491). Constitutional, statutory, and decisional law dictates that these laudatory goals be furthered. However, there must, of…

2Cases cited7 opinions

  1. Kaiser Foundation Hospitals v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1985
  2. Barnes v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 2000
  3. Youngblood v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1989
  4. Martinez v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2000
  5. Poole v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1989

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