SAN FRANCISCO, CA - The California Supreme Court on 11/19/2009 has denied the injured worker's petition for review and petition to depublish in Beverly Hilton Hotel v. W.C.A.B. (Boganim), 74 Cal. Comp. Cases 927, in which the Court of Appeal, Second Appellate District, annulling the WCAB's decision and following Weiner v. Ralphs Co. 74 Cal. Comp. Cases 736 (en banc), held that the WCAB's decision on 10/7/2008 that affirmed the WCJ's 1/31/2008 award of vocational rehabilitation benefits to the applicant was not a "final" decision, so that the applicant lost. all rights to vocational rehabilitation benefits as of the 1/1/2009 repeal of Cal. Labor Code § 139.5.
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