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MARTINEZ v. W.C.A.B.

No. B141578.

101 Cal.Rptr.2d 406 (2000)

84 Cal.App.4th 1079

Josephine MARTINEZ, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and Hughes/Raytheon, Respondents.

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

November 15, 2000.

Attorney(s) appearing for the Case

Leviton, Rabine, Diaz & Whiting and Lawrence R. Whiting, for Petitioner.

No appearance for Respondent Workers' Compensation Appeals Board.

Robert F. Tardiff, Jr., for Respondent Hughes/Raytheon.

CHARLES S. VOGEL, P.J.

INTRODUCTION

The Workers' Compensation Appeals Board (WCAB) found that petitioner, Josephine Martinez, failed to participate in vocational rehabilitation (VR) until more than five years from the date of injury and more than one year from the last adjudication of permanent disability. Although Martinez had timely requested VR, the WCAB concluded benefits were barred by the statute of...

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