Home/Case Law/DIDIER ROSA vs. XCELSIS CORPORATION, STATE COMPENSATION INSURANCE FUND
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DIDIER ROSA vs. XCELSIS CORPORATION, STATE COMPENSATION INSURANCE FUND

Filed: Oct 13, 2010
San Francisco
ADJ2723383

CompFox AI Summary

This case concerns an employee seeking vocational rehabilitation services and retroactive benefits after a neck injury. The insurer, SCIF, failed to appeal a Rehabilitation Unit determination that authorized these services and benefits at the "delay rate." Although SCIF argued jurisdiction and statutory repeal issues, the Board affirmed the Unit's determination, finding SCIF waived its defenses by not appealing. However, the Board limited the award of vocational rehabilitation services, finding the right to them was inchoate and expired with legislative changes.

Full Decision Text1 Pages

This case concerns an employee seeking vocational rehabilitation services and retroactive benefits after a neck injury. The insurer, SCIF, failed to appeal a Rehabilitation Unit determination that authorized these services and benefits at the "delay rate." Although SCIF argued jurisdiction and statutory repeal issues, the Board affirmed the Unit's determination, finding SCIF waived its defenses by not appealing. However, the Board limited the award of vocational rehabilitation services, finding the right to them was inchoate and expired with legislative changes.

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DIDIER ROSA vs. XCELSIS CORPORATION, STATE COMPENSATION INSURANCE FUND (2010) – San Francisco | CompFox