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RUBALCAVA v. WORKERS' COMP. APPEALS BD.

Docket No. B044433.

220 Cal.App.3d 901 (1990)

269 Cal. Rptr. 656

ROSALINA RUBALCAVA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, PIZZAMANIA et al., Respondents.

Court of Appeals of California, Second District, Division Four.

May 22, 1990.

Attorney(s) appearing for the Case

COUNSEL

Lewis, Marenstein & Kadar, Lawrence D. Rosenberg and Allan A. Senkow for Petitioner.

Krimen, Hershenson, Da Silva & Daneri and Robert A. La Porta for Respondents.

OPINION

WOODS (A.M.), P.J.

In this review proceeding, we conclude respondent Workers' Compensation Appeals Board (Board) erred in rescinding the finding of the workers' compensation judge (WCJ) that petitioner's earning capacity is sufficient to produce permanent disability indemnity at the maximum rate under Labor Code section 4453, subdivision (c)(4).1

Petitioner (applicant) admittedly sustained...

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