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BARR v. WORKERS' COMP. APPEALS BD.

No. C054907. No. C057303.

164 Cal.App.4th 173 (2008)

JIM BARR, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and DEPARTMENT OF INDUSTRIAL RELATIONS, SUBSEQUENT INJURIES BENEFITS TRUST FUND, Respondents. DEPARTMENT OF INDUSTRIAL RELATIONS, SUBSEQUENT INJURIES BENEFITS TRUST FUND, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and BRADLEY DORIGO, Respondents.

Court of Appeals of California, Third District.

June 23, 2008.

Attorney(s) appearing for the Case

Thomas B. Brown for Petitioner Jim Barr.

Vanessa L. Holton, Steven A. McGinty and Michael R. Drayton for Respondent and for Petitioner Department of Industrial Relations, Subsequent Injuries Benefits Trust Fund.

Neil P. Sullivan and Vincent Bausano for Respondent Workers' Compensation Appeals Board.

Thomas B. Brown for Respondent Bradley Dorigo.

OPINION

RAYE, J.

The dispositive issue presented by these consolidated petitions for review is whether the authority of the Workers' Compensation Appeals Board (WCAB) to award costs for the preparation of a vocational rehabilitation consultant's report depends on the report's admissibility as evidence under Labor Code section 5703.1 The workers' compensation judge denied applicant Jim Barr's costs because he found...

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