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Focus (Forum & Focus)

May 14, 2007

Legislative Primacy

Forum Column - By Elwood Lui and Peter Davids - The California Supreme Court has rejected the notion that the mandate to construe workers’ compensations statutes liberally allows courts to foist on the Legislature results it never intended.

FORUM COLUMN

By Elwood Lui and Peter Davids


      In Brodie v. Workers' Compensation Appeals Board, 2007 DJDAR 6181 (Cal. May 3, 2007), the California Supreme Court reaffirmed the primacy of the Legislature in setting workers' compensation policy in California. In particular, the court rejected the notion that the statutorily mandated liberal construction of workers' compensation statutes, set forth in Labor Code Section...

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