Home/Case Law/GAIL SAKE vs. SMARTCORP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK, LEGION INSURANCE COMPANY
Regular DecisionReconsideration

GAIL SAKE vs. SMARTCORP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK, LEGION INSURANCE COMPANY

Filed: Oct 11, 2010
San Francisco
ADJ2985792 (POM 0293349)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award due to confusion regarding a defendant's request for credit for an alleged overpayment of temporary disability benefits. The original decision failed to address the overpayment issue and also made a finding on estoppel/laches without a clear basis in the record. Consequently, the case is remanded to the trial level for clarification of the record and further proceedings on all issues, including whether the applicant's disability became permanent and stationary on August 6, 2002.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award due to confusion regarding a defendant's request for credit for an alleged overpayment of temporary disability benefits. The original decision failed to address the overpayment issue and also made a finding on estoppel/laches without a clear basis in the record. Consequently, the case is remanded to the trial level for clarification of the record and further proceedings on all issues, including whether the applicant's disability became permanent and stationary on August 6, 2002.

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