Legal Opinion

Dep't of Corr. & Rehab. v. Workers' Comp. Appeals Bd.

California Court of Appeal, 5th District

Decided September 25, 2018No. C085850PublishedCited by 6 opinions

1Opinion of the CourtRobie, J.

*226*610We granted the Department of Corrections and Rehabilitation's (Department) petition for a writ of review (Petition) of a Workers' Compensation Appeals Board (Board) opinion, which raises the following statutory construction question: Must a finding of permanent total disability1 be made in accordance with Labor Code 2 section 4660,3 or does section 4662, subdivision (b), provide a separate path to such a finding? We conclude section 4660 governs how the finding and award of permanent total disability shall be made "in accordance with the fact," as provided in section 4662, subdivision (b).

2Cases cited22 opinions

  1. Day v. City of FontanaCalifornia Supreme Court · 2001
  2. DuBois v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1993
  3. Donald v. Cafe Royale, Inc.California Court of Appeal · 1990
  4. People v. ShabazzCalifornia Supreme Court · 2006
  5. Brown v. BorenCalifornia Court of Appeal · 1999

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3Cited by6 opinions

  1. Applied Materials v. Workers' Comp Appeals BoardCalifornia Court of Appeal · 2021
  2. DPR Construction v. Workers' Comp. Appeals Bd.California Court of Appeal · 2025
  3. Santa Clara Valley Water Dist. v. EisenbergCalifornia Court of Appeal · 2026
  4. Santa Clara Valley Water Dist. v. EisenbergCalifornia Court of Appeal · 2025
  5. Serrano v. Public Employees' Retirement SystemCalifornia Court of Appeal · 2025

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