Home/Case Law/DONALD BARNARD vs. SCHELLINGER CONSTRUCTION COMPANY, LINCOLN GENERAL INSURANCE COMPANY IN LIQUIDATION
Regular DecisionWorkers' Compensation

DONALD BARNARD vs. SCHELLINGER CONSTRUCTION COMPANY, LINCOLN GENERAL INSURANCE COMPANY IN LIQUIDATION

Filed: Nov 23, 2016
Santa Rosa
ADJ6692231

CompFox AI Summary

The Appeals Board granted reconsideration to clarify the commencement date of permanent disability indemnity payments. Despite a previous finding incorporating a DEU commutation suggesting an April 15, 2014 start date, the Board ruled that Labor Code section 4650 dictates entitlement begins the day after temporary disability ends. Therefore, applicant is entitled to permanent disability payments starting October 2, 2010, with a 15% increase commencing sixty days after April 15, 2014. The matter is returned for further proceedings to adjust benefits and attorney fees accordingly.

Full Decision Text1 Pages

The Appeals Board granted reconsideration to clarify the commencement date of permanent disability indemnity payments. Despite a previous finding incorporating a DEU commutation suggesting an April 15, 2014 start date, the Board ruled that Labor Code section 4650 dictates entitlement begins the day after temporary disability ends. Therefore, applicant is entitled to permanent disability payments starting October 2, 2010, with a 15% increase commencing sixty days after April 15, 2014. The matter is returned for further proceedings to adjust benefits and attorney fees accordingly.

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