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WILLIAMS v. WORKERS' COMP. APPEALS BD.

No. G024467.

88 Cal.Rptr.2d 798 (1999)

74 Cal.App.4th 1260

Melissa WILLIAMS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, City of Pismo Beach et al., Respondents.

Court of Appeals of California, Fourth District, Division Three.

Review Denied December 1, 1999.

Attorney(s) appearing for the Case

Goldschmid, Silver & Spindel, Los Angeles, and Lawrence Silver, Costa Mesa, for Petitioner.

William A. Herreras, Grover Beach, and Merle Rabine for California Applicants' Attorneys Association, as Amicus Curiae on behalf of Petitioner.

G. Bruce Sutherland, Arroyo Grande, for Respondents.

OPINION

BEDSWORTH, J.

In this appeal we interpret section 5402 of the Labor Code, which provides in pertinent part: "If liability is not rejected within 90 days after the date the claim form is filed under Section 5401, the injury shall be presumed compensable under this division. The presumption is rebuttable only by evidence discovered subsequent to the 90-day period." 1 We are concerned here with the effect of this statute...

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