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YBARRA v. WORKERS' COMP. APPEALS BD.

No. B156948.

127 Cal.Rptr.2d 208 (2002)

103 Cal.App.4th 987

Raymond YBARRA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and Subsequent Injuries Fund, Respondents.

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

Rehearing Denied November 19, 2002.

Attorney(s) appearing for the Case

Lewis Marenstein, Wicke & Sherwin and Michael B. Lewis, Woodland Hills, for Petitioner.

Department of Industrial Relations, John Rea, Chief Counsel, Steven A. McGinty, Assistant Chief Counsel and John J. Korbol, Staff Counsel, for Respondents.

BOLAND, J.

SUMMARY

Petitioner seeks review of a decision by the Workers' Compensation Appeal Board, which adopted the recommendation of a workers' compensation administrative law judge allowing a reduction of petitioner's workers' compensation award by the amount of his disability retirement pension. We conclude the WCAB decision was erroneous inasmuch as petitioner's disability retirement pension was based solely upon his work-related orthopedic...

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