California Court of Appeal

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GEE v. WORKERS' COMP. APPEALS BD., F038425

Where the Workers' Compensation Appeals Board (WCAB) weighed the relevant medical evidence without applying the treating physician's presumption of correctness, under Labor Code section 4062.9, because the parties failed to raise the presumption as an issue by the time of trial, the WCAB erred by not applying the presumption, which is operative as a matter of law whenever the underlying facts meet the presumption-s condition.

Appellate Information

  • Decided 03/22/2002
  • Published 03/22/2002

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Moorad and Clark and Adam J. Stewart, for Petitioner.

  • For Appellees:
  • Vincent Bausano, for Respondent Workers' Compensation Appeals Board., Hanna, Brophy, McLean, McAleer & Jensen and Sherry L. Newton, for Respondents Lucky Stores and Kemper National Insurance Company.
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