Home/Case Law/CAROL ALLISON vs. MERTZ DEL AMO MOBILE ESTATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation
Regular DecisionReconsideration

CAROL ALLISON vs. MERTZ DEL AMO MOBILE ESTATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation

Filed: May 13, 2011
San Francisco
ADJ3046670 (POM 234030)

CompFox AI Summary

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, rescinding the WCJ's prior award of penalties and underpaid permanent disability indemnity. The Board found that the WCJ prematurely calculated permanent disability and penalties because underlying disputes regarding temporary disability and vocational rehabilitation benefits, deferred in the initial stipulations, were not resolved. The case was returned to the trial level for further development of the record to determine the precise amounts owed to the applicant before any sanctions can be imposed.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, rescinding the WCJ's prior award of penalties and underpaid permanent disability indemnity. The Board found that the WCJ prematurely calculated permanent disability and penalties because underlying disputes regarding temporary disability and vocational rehabilitation benefits, deferred in the initial stipulations, were not resolved. The case was returned to the trial level for further development of the record to determine the precise amounts owed to the applicant before any sanctions can be imposed.

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