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LOS ANGELES COUNTY FIRE DEPT. v. WORKERS' COMP. APPEALS BD.

No. B214649.

184 Cal.App.4th 1287 (2010)

109 Cal.Rptr.3d 466

LOS ANGELES COUNTY FIRE DEPARTMENT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CLIFTON NORTON, Respondents.

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

May 25, 2010.

Attorney(s) appearing for the Case

Zaks & Barnard and Richard Zaks for Petitioner.

Neil P. Sullivan for Respondent Workers' Compensation Appeals Board.

Cantrell, Green, Pekich, Cruz & McCort and Wayne McCort for Respondent Clifton Norton.

Law Office of Smith & Baltaxe and Bernhard D. Baltaxe for California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondent Clifton Norton.

OPINION

FLIER, J. —

Clifton Norton (Norton), a battalion chief for the Los Angeles County Fire Department (County), was injured at work and was awarded vocational rehabilitation maintenance allowance at the temporary disability indemnity "delay" rate from September 8, 2005, to August 28, 2007, under Labor Code former sections 139.5 and 4642.1 On December 30, 2008, the County petitioned the Workers' Compensation...

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