Legal Question in Workers Comp in California
WCAB opinions
What is the difference between and importance of published vs. unpublished WCAB opinions?
Asked on 1/25/09, 11:50 pm
2 Answers from Attorneys
Joseph La Costa
Joseph La Costa, Attorney at Law
Re: WCAB opinions
published cases can be cited in briefs.
Answered on 1/26/09, 3:42 pm
Ronald Mahurin
Law Offices of Ronald Glenn Mahurin
Re: WCAB opinions
supposedly an unpublished opinion cannot be submitted to the court. However, it is done all the time. The trial judge ultimately determines the issue at trial. My suggestion is to include the opinion as an exhibit and if the defendants disagree, ask to have it marked as an exhibit only. The judge will have access to the opinion and will probably read it, but it will not be formally considered.
Answered on 1/26/09, 4:39 pm
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