Robinson

Robinson v. Workers' Compensation Appeals Board

Good Law
194 Cal. App. 3d 784·1987 Cal. App. LEXIS 2093·239 Cal. Rptr. 841·52 Cal. Comp. Cases 419
Court of Appeal of CaliforniaSeptember 9, 1987F008164California2,712 words

Opinion

Opinion

Best, J.

Petitioner seeks to annul the decision of the Workers’ Compensation Appeals Board (WCAB or Board), made after reconsideration, affirming a stipulation with request for award (stipulation) which had been approved and issued by the workers’ compensation judge (WCJ). Petitioner contends the WCAB erred (1) in denying his request to withdraw from the stipulation prior to its being approved and acted upon; (2) by approving the stipulation which did not adequately reflect his temporary disability entitlement; and (3) by issuing an award determining his permanent disability rating while petitioner was engaged in vocational rehabilitation.

We reject each of the contentions and affirm the order.

Factual and Procedural Background

On or about December 15, 1978, petitioner, Stelling Robinson, filed three separate applications with the WCAB against defendants and respondents Giumarra Vineyards and its workers’ compensation insurance carrier, Republic Indemnity Company of America (Republic), alleging injuries to petitioner’s left arm and shoulder as a result of specific injuries occurring in January 1975 and July 19, 1978, and repetitive trauma from November 3, 1974, to July 19,…

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