Home/Case Law/Archie Scott vs. CITY OF BAKERSFIELD, ACCLAMATION INSURANCE MANAGEMENT SERVICES
Regular DecisionReconsideration

Archie Scott vs. CITY OF BAKERSFIELD, ACCLAMATION INSURANCE MANAGEMENT SERVICES

Filed: Oct 17, 2014
ADJ1714554 (BAK 0151943)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the prior award. The WCAB clarified that permanent total disability payments commence upon the cessation of temporary total disability, not the permanent and stationary date, referencing Brower. The WCAB deferred the issue of the applicant's attorney's fee, requiring it to be calculated considering all factors, including future benefits and COLA increases, and will be determined at the trial level. Jurisdiction was reserved for the WCJ to recalculate the attorney's fee and adjust the commencement date for permanent disability indemnity and COLA.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the prior award. The WCAB clarified that permanent total disability payments commence upon the cessation of temporary total disability, not the permanent and stationary date, referencing Brower. The WCAB deferred the issue of the applicant's attorney's fee, requiring it to be calculated considering all factors, including future benefits and COLA increases, and will be determined at the trial level. Jurisdiction was reserved for the WCJ to recalculate the attorney's fee and adjust the commencement date for permanent disability indemnity and COLA.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Archie Scott vs. CITY OF BAKERSFIELD, ACCLAMATION INSURANCE MANAGEMENT SERVICES (2014) – | CompFox