California Court of Appeal

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Duncan v. Workers' Comp. Appeals Bd., H034040

Plaintiff's petition for review of a decision by the Workers' Compensation Appeals Board is granted and the Board's decision annulled as the cost of living adjustment pursuant to Labor Code section 4659(c) for life pensions and total disability indemnity are added to those payments, per the words of the statute, starting January 1, 2004, and every January 1 thereafter.

Appellate Information

  • Decided 11/25/2009
  • Published 11/25/2009



  • California Court of Appeal


  • For Appellant:
  • Vanessa L. Holton, Chief Counsel, Steven A. McGinty, Assistant Chief Counsel, Carol Belcher, Anthony Mischel and Jesse N. Rosen, Staff Counsel, Dept. of Industrial Relations, Office of the Director, for Petitioner., Robert E. Kalunian, Acting County Counsel of Los Angeles, Leah D. Davis, Assistant County Counsel, Jeffrey L. Scott and Jason E. Waller, Deputy County Counsel, for County of Los Angeles as Amicus Curiae on behalf of Petitioner.

  • For Appellees:
  • No Appearance for Respondent Workers' Compensation Appeals Board., Butts & Johnson, Arthur L. Johnson, San Jose, and Heather A. Harper, for Respondent X.S., Marcus & Regalado and Marc G. Marcus, for California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondent X.S.
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