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COUNTY OF SAN JOAQUIN v. WCAB

No. C053016.

55 Cal.Rptr.3d 152 (2006)

147 Cal.App.4th 1459

COUNTY OF SAN JOAQUIN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and James Davis, Respondents.

Court of Appeal of California, Third District.

February 27, 2006.

Attorney(s) appearing for the Case

D'Andre, Peterson, Bobus & Bruscino, James E. Bruscino, for Petitioner.

Frailing, Rockwell & Kelly, Modesto, John B. Frailing for Respondent James Davis.

No appearance for Respondent Workers' Compensation Appeals Board.

BLEASE, Acting P.J.

The County of San Joaquin (County) petitions this court for a writ of review of the Workers' Compensation Appeals Board's (Board) decision that James Davis (Davis) is a maximum wage earner for purposes of calculating his temporary and permanent disability indemnity benefits.

Davis was employed by the State Compensation Insurance Fund (State Fund) as an attorney and paid a monthly salary of $7,299. While employed there, he was called for...

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