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DEPARTMENT OF CORRECTIONS & REHABILITATION v. WORKERS' COMP. APPEALS BD.

No. C085850.

27 Cal.App.5th 607 (2018)

DEPARTMENT OF CORRECTIONS AND REHABILITATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and DEAN FITZPATRICK, Respondents.

Court of Appeals of California, Third District.

September 25, 2018.

Attorney(s) appearing for the Case

Carla R. Anene , Mary R. Huckabaa and Lisa A. Stolzy for Petitioner.

Finnegan, Marks, Theofel & Desmond and Randall G. Poppy for the California Chamber of Commerce as Amicus Curiae on behalf of Petitioner.

John F. Shields for Respondent Workers' Compensation Appeals Board.

Metzinger & Associates and Ronald M. Metzinger for Respondent Dean Fitzpatrick.

Law Office of Joseph Waxman and James Achermann for the California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondent Dean Fitzpatrick.

OPINION

We granted the Department of Corrections and Rehabilitation's (Department) petition for a writ of review (Petition) of a Workers' Compensation Appeals Board (Board) opinion, which raises the following statutory construction question: Must a finding of permanent total disability1 be...

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