Home/Case Law/ANDRES APODACA vs. BOBCAT CENTRAL, INC.; INSURANCE COMPANY OF THE WEST
Regular DecisionDecision After Reconsideration

ANDRES APODACA vs. BOBCAT CENTRAL, INC.; INSURANCE COMPANY OF THE WEST

Filed: May 15, 2025
Fresno
ADJ12491336

CompFox AI Summary

The Workers' Compensation Appeals Board granted defendant's petition for reconsideration. The Board subsequently affirmed, with amendments, the original Findings, Award, and Order issued by a WCJ on February 14, 2025. Specifically, the Board struck a $10,000 penalty against the defendant, concluding their actions were not unreasonable given a treating physician's opinion. The Board also upheld the WCJ's finding that applicant was entitled to retroactive temporary disability benefits until October 10, 2023, based on a later maximum medical improvement date determined by a QME. Commissioner Razo dissented regarding the majority's conclusion on the substantial medical evidence of apportionment.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted defendant's petition for reconsideration. The Board subsequently affirmed, with amendments, the original Findings, Award, and Order issued by a WCJ on February 14, 2025. Specifically, the Board struck a $10,000 penalty against the defendant, concluding their actions were not unreasonable given a treating physician's opinion. The Board also upheld the WCJ's finding that applicant was entitled to retroactive temporary disability benefits until October 10, 2023, based on a later maximum medical improvement date determined by a QME. Commissioner Razo dissented regarding the majority's conclusion on the substantial medical evidence of apportionment.

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