Home/Case Law/ERNIE GONZALES vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION; STATE COMPENSATION INSURANCE FUND
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ERNIE GONZALES vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION; STATE COMPENSATION INSURANCE FUND

Filed: Oct 20, 2017
ADJ2862109 (SAL 0094850)

CompFox AI Summary

This case involved a correctional officer's claim for permanent total disability due to a 2001 knee and psyche injury. The Workers' Compensation Appeals Board reconsidered an award that had found temporary total disability extended through August 17, 2011, and imposed a penalty for delayed payments. The Board rescinded the temporary disability finding, stating it was previously determined and not properly raised. They affirmed the defendant's liability for retroactive permanent disability payments at the temporary disability rate for periods where the applicant wasn't receiving benefits, citing the Brower decision. However, the Board rescinded the statutory penalty against the state agency, finding it exempt.

Full Decision Text1 Pages

This case involved a correctional officer's claim for permanent total disability due to a 2001 knee and psyche injury. The Workers' Compensation Appeals Board reconsidered an award that had found temporary total disability extended through August 17, 2011, and imposed a penalty for delayed payments. The Board rescinded the temporary disability finding, stating it was previously determined and not properly raised. They affirmed the defendant's liability for retroactive permanent disability payments at the temporary disability rate for periods where the applicant wasn't receiving benefits, citing the Brower decision. However, the Board rescinded the statutory penalty against the state agency, finding it exempt.

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