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BAKER v. WORKERS' COMP. APPEALS BD.

No. S179194.

52 Cal.4th 434 (2011)

257 P.3d 738

129 Cal. Rptr. 3d 133

CHRISTINE BAKER, as Administrator, etc., Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and X.S., Respondents.

Supreme Court of California.

August 11, 2011.

Attorney(s) appearing for the Case

Vanessa L. Holton , Steven A. McGinty , Carol Belcher , Anthony Mischel and Jesse N. Rosen for Petitioner.

Robert E. Kalunian , Acting County Counsel (Los Angeles), Leah D. Davis , Assistant County Counsel, Jeffrey L. Scott and Jason E. Waller , Deputy County Counsel, for County of Los Angeles as Amicus Curiae on behalf of Petitioner.

Suzanne Ah-Tye , Patricia A. Brown and David M. Goi for State Compensation Insurance Fund as Amicus Curiae on behalf of Petitioner.

Law Offices of Saul Allweiss and Michael A. Marks for California Workers' Compensation Institute as Amicus Curiae on behalf of Petitioner.

Finnegan, Marks, Theofel & Desmond and Ellen Sims Langille for the California Chamber of Commerce as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent Workers' Compensation Appeals Board.

Butts & Johnson, Arthur L. Johnson and Heather A. Harper for Respondent X.S.

Marcus & Regalado, Marc G. Marcus and Jason M. Marcus for California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondent X.S.

Frank Rankin for California Correctional Peace Officers Association as Amicus Curiae on behalf of Respondent X.S.

OPINION

BAXTER, J.—

In this case we construe Labor Code1 section 4659, subdivision (c) (section 4659(c), or subdivision (c)), which provides for the annual indexing of two categories of workers' compensation benefits—total permanent disability and life pension payments—to yearly increases in the state's average weekly wage (SAWW), so that lifetime disability payments made to the most seriously...

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