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This case addresses a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision which incorrectly stated a defendant's Petition for Removal was denied instead of dismissed. The WCAB granted reconsideration on its own motion to correct this error and amended the prior decision to reflect the dismissal. Applicant sought reconsideration of this correction, arguing the original petition was untimely and requesting attorney's fees for a vocational rehabilitation exam. The WCAB denied applicant's petition, reaffirming that the defendant's petition was timely filed and that attorney fees are not awarded for attendance at vocational rehabilitation examinations.
LONNIE SMITH vs. LEE'S CONCRETE MATERIALS, INC., MARKEL INSURANCE COMPANY is a workers' compensation case decided in Fresno. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Fresno.
Full Decision Text1 Pages
This case addresses a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision which incorrectly stated a defendant's Petition for Removal was denied instead of dismissed. The WCAB granted reconsideration on its own motion to correct this error and amended the prior decision to reflect the dismissal. Applicant sought reconsideration of this correction, arguing the original petition was untimely and requesting attorney's fees for a vocational rehabilitation exam. The WCAB denied applicant's petition, reaffirming that the defendant's petition was timely filed and that attorney fees are not awarded for attendance at vocational rehabilitation examinations.
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