Home/Case Law/AGUSTIN GUTIERREZ vs. EL MODENO GARDENS, COMPWEST INSURANCE COMPANY
Regular DecisionReconsideration

AGUSTIN GUTIERREZ vs. EL MODENO GARDENS, COMPWEST INSURANCE COMPANY

Filed: Jan 26, 2011
San Francisco
ADJ6937947

CompFox AI Summary

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to amend the administrative law judge's Finding of Fact. The judge erred by finding injury to the applicant's mid-back, neck, and right upper extremity without proper notice or opportunity for the defendant to be heard on those disputed issues. The Board deferred the determination of injury to these body parts, affirming the award for temporary disability and medical treatment for the accepted injuries to the applicant's low back and right shoulder. The Board emphasized the importance of due process, including proper notice and evidence on disputed claims.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to amend the administrative law judge's Finding of Fact. The judge erred by finding injury to the applicant's mid-back, neck, and right upper extremity without proper notice or opportunity for the defendant to be heard on those disputed issues. The Board deferred the determination of injury to these body parts, affirming the award for temporary disability and medical treatment for the accepted injuries to the applicant's low back and right shoulder. The Board emphasized the importance of due process, including proper notice and evidence on disputed claims.

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