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GEE v. WORKERS' COMP. APPEALS BD.

No. F038425.

118 Cal.Rptr.2d 105 (2002)

96 Cal.App.4th 1418

Shelly GEE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, Lucky Stores, et al., Respondents.

Court of Appeals of California, Fifth District.

Review Denied July 10, 2002.

Attorney(s) appearing for the Case

Moorad and Clark and Adam J. Stewart, for Petitioner.

Vincent Bausano, for Respondent Workers' Compensation Appeals Board.

Hanna, Brophy, McLean, McAleer & Jensen and Sherry L. Newton, for Respondents Lucky Stores and Kemper National Insurance Company.

OPINION

VARTABEDIAN, Acting P.J.

Shelly Gee (Gee) petitions this court by a writ of review challenging the decision of the Workers' Compensation Appeals Board (WCAB). The WCAB weighed the relevant medical evidence without applying the treating physician's presumption of correctness under Labor Code1 section 4062.9 because the parties failed to raise the presumption as an issue by the time of trial. We find the presumption operative...

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