Sabedra

Sabedra v. Workmen's Compensation Appeals Board

Good Law
116 Cal. Rptr. 881·1974 Cal. App. LEXIS 1235·42 Cal. App. 3d 428·39 Cal. Comp. Cases 616
Court of Appeal of CaliforniaSeptember 18, 1974Civ. No. 33691California1,404 words

Opinion

Lead Opinion

Draper, J.

Applicant’s petition for writ of review was denied by this court May 22, 1974. The Supreme Court granted petition for hearing, and directed us to issue a writ to be heard before us. We accordingly issued the writ, and heard oral argument upon the merits. The Supreme Court’s order directed our attention to two decisions (Solomon v. Workmen’s Comp. Appeals Bd., 24 Cal.App.3d 282 [ 100 Cal.Rptr. 899 ]; Zozaya v. Workmen’s Comp. Appeals Bd., 27 Cal.App.3d 464 [ 103 Cal.Rptr. 793 ]). The cited cases deal with the adequacy of orders granting reconsideration under the statute (Lab. Code, § 5908.5) prescribing the form of an order granting reconsideration. Thus only the like issue is before us here.

*430 Section 5908.5 provides: “Any decision of the appeals board granting or denying a petition for reconsideration . . . shall be made by the appeals board and not by a referee and shall be in writing, signed by a majority of the appeals board members assigned thereto, and shall state the evidence relied upon and specify in detail the reasons for the decision.”

Here, findings and award issued upon a referee’s determination that applicant’s permanent partial disability was 78…

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