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California Court of Appeal


Dept. of Corr. and Rehab. v. Workers' Comp. Appeals Bd., C057410

In an adjudication of a workers' compensation claim, judgment in favor of respondent is affirmed where: 1) Lab. Code section section 4663(e) was in effect as of the effective date of section 4663; and 2) since the the Legislature did not repeal or alter section 3212 et seq. when it enacted section 4663, the latter's subsequent amendment merely made express what the Legislature's prior actions implied, that section 3212 et seq. remained good law notwithstanding enactment of section 4663.

Appellate Information

  • Decided 09/10/2008
  • Published 09/10/2008

Judges

  • SIMS, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Matheny Sears Linkert & Jaime, Michael A. Bishop and Jennifer J. Schultz, Sacramento, for Petitioner., Peter J. Donoghue, for Real Party in Interest., Robert J. Sherwin, Woodland Hills, for Los Angeles Professional Peace Officers Association, Los Angeles Police Protective League (for Los Angeles Police Department), Los Angeles County Firefighters Association, United Firefighters of Los Angeles City (for Los Angeles Fire Department), and The California State Firefighters Association as Amici Curiae, on behalf of Real Party in Interest.

  • For Appellees:
  • No appearance by Respondent.
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