PENCE v. INDUSTRIAL ACC. COM.

Docket No. L.A. 28323.

63 Cal.2d 48 (1965)

403 P.2d 140

45 Cal. Rptr. 12

DEWEY PENCE, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, DEL E. WEBB CORPORATION et al., Respondents.

Supreme Court of California. In Bank.

June 28, 1965.


Attorney(s) appearing for the Case

Byhower, Longley & Vaughan, C.M. Longley and Nicholas C. Byhower for Petitioner.

Everett A. Corten, Edward A. Sarkisian, David Marmor and John F. Holzer for Respondents.


PETERS, J.

The question presented in this proceeding is whether petitioner Pence was unduly restricted in the production of rebuttal testimony at the hearing held to challenge the recommendations of the commission's rating expert. We are of the opinion that Pence was so restricted. For that reason the award must be annulled and the matter remanded to the commission for further proceedings.

On August 15, 1963, Pence, while working as a cement finisher in Pasadena...

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