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COSTCO v. WORKERS' COMP. APPEALS BD.

No. A116145.

59 Cal.Rptr.3d 611 (2007)

151 Cal.App.4th 148

COSTCO WHOLESALE CORPORATION et al., Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and Jorge Chavez, Respondents.

Court of Appeal of California, First District, Division Four.

As modified June 14, 2007.

Attorney(s) appearing for the Case

Mullen & Filippi, Jerome D. Young, Esq., Karen T. Dutton, San Francisco, For Petitioners.

Smith & Baltaxe, Byron T. Smith, Esq., for Respondent Jorge Chavez.

No appearance for Respondent Workers' Compensation Appeals Board.

Frailing, Rockwell & Kelly, David N. Rockwell, Amicus Curiae for California Applicants' Attorneys Association on behalf of Respondent.

RIVERA, J.

Costco Wholesale Corporation and its third party claims administrator Sedgwick Claims Management Services (collectively, Costco) petitioned for review of the decision of the Workers' Compensation Appeals Board (Board) affirming an award to respondent Jorge Chavez (Chavez). Costco contends the award was improperly calculated using the 1997 schedule for rating permanent disabilities that was in effect before January 1, 2005, rather than the new schedule that...

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