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  January 26, 2009
  Source:  WorkInjury.com
  ---------------------------------------

   
Writ Granted:  Can 15% PD Increase for
No Work Be Waived at Trial?
 

The Second District Court of Appeal has just granted an injured worker's petition for writ of review on the issue of whether he was entitled to the 15% permanent disability increase mandated by Labor Code Section 4658(d)(2) because he was not offered modified work.

The critical issue is the fact that the worker did NOT raise the issue at trial and sought the increase later.

The case is from Van Nuys and is entitled Bontempo v. WCAB (City of Alhambra).

To be emailed directly from the Court when the case is decided,

CLICK HERE.


   [If links don't work, let us know!]

 

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