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Duncan v. Workers' Comp. Appeals Bd., No. H034040

By FindLaw Staff on November 30, 2009 | Last updated on March 21, 2019

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.       

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Appellate Information

Filed November 25, 2009


Opinion by Judge Elia

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 Appellee:  Butts & Johnson, Arthur L. Johnson and Heather A. Harper

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