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In the just-issued Wilson v. Kohls Department Store (Board Panel Decision), the WCAB adopted most of the WCJ’s Report and Recommendation, but it omitted adopting the heavy critique of Dept. of Corrections & Rehabilitation v. WCAB (Fitzpatrick) (2018) 27 Cal. App. 5th 607, 83 Cal. Comp. Cases 1680, and Applied Materials v. WCAB (2021) 64 Cal. App. 5th 1042, 86 Cal. Comp. Cases 331. Most notably, the WCAB adopted the following analysis:
Specifically, the correct interpretation of law regarding DFEC rebuttal for dates of injury on or after January 1, 2013 is as follows:
Reminder: Panel decisions are not binding precedent.