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The Workers' Compensation Appeals Board reversed a finding that the defendant's appeal of a Rehabilitation Unit determination was untimely. The Board found the appeal timely because the defendant's counsel was not properly served with the RU's decision. Consequently, the applicant's claim for vocational rehabilitation benefits was barred by the January 1, 2009 repeal of Labor Code section 139.5, as the applicant's rights had not vested before the repeal. The decision affirmed the WCJ's findings on permanent disability and earnings in all other respects.
SERGIO CERVANTES vs. LODARCY MASSE CONSTRUCTION, RISK ENTERPRISE MANAGEMENT is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
The Workers' Compensation Appeals Board reversed a finding that the defendant's appeal of a Rehabilitation Unit determination was untimely. The Board found the appeal timely because the defendant's counsel was not properly served with the RU's decision. Consequently, the applicant's claim for vocational rehabilitation benefits was barred by the January 1, 2009 repeal of Labor Code section 139.5, as the applicant's rights had not vested before the repeal. The decision affirmed the WCJ's findings on permanent disability and earnings in all other respects.
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