Home/Case Law/BRIAN SAN NICOLAS vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE, SEDGWICK/CMS, CONTINENTAL CASUALTY, CNA
Regular DecisionReconsideration

BRIAN SAN NICOLAS vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE, SEDGWICK/CMS, CONTINENTAL CASUALTY, CNA

Filed: Aug 10, 2007
SAL 107113, SJO 220636

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed an award for applicant's cumulative trauma injury to his back and psyche but rescinded the award of additional temporary disability in a prior specific injury case. This rescission was due to the Appeals Board lacking jurisdiction for benefits commencing more than five years after the initial injury date, as the applicant had not experienced a new and further disability within that timeframe. The case was remanded for adjustment of the cumulative trauma award and clarification on medical treatment administration by Old Republic Insurance.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed an award for applicant's cumulative trauma injury to his back and psyche but rescinded the award of additional temporary disability in a prior specific injury case. This rescission was due to the Appeals Board lacking jurisdiction for benefits commencing more than five years after the initial injury date, as the applicant had not experienced a new and further disability within that timeframe. The case was remanded for adjustment of the cumulative trauma award and clarification on medical treatment administration by Old Republic Insurance.

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