Home/Case Law/GENE BROWN vs. PEPSI BOTTLING GROUP, OLD REPUBLIC
Regular DecisionReconsideration

GENE BROWN vs. PEPSI BOTTLING GROUP, OLD REPUBLIC

Filed: Jan 31, 2011
San Francisco
ADJ3483133 (LBO 0389333)

CompFox AI Summary

In this case, the defendant sought reconsideration of an award finding a left shoulder injury and $12%$ permanent disability for the applicant, Gene Brown. The core dispute involved a clerical error in the permanent disability indemnity rate, which was initially awarded at $$270.00$ per week instead of the correct statutory rate of $$230.00$. While the WCJ amended the award to correct the indemnity rate, this correction did not proportionately adjust the attorney fees. The Appeals Board granted reconsideration, rescinded both the original and amended decisions, and returned the matter to the trial level for recalculation of attorney fees and a new decision.

Full Decision Text1 Pages

In this case, the defendant sought reconsideration of an award finding a left shoulder injury and $12%$ permanent disability for the applicant, Gene Brown. The core dispute involved a clerical error in the permanent disability indemnity rate, which was initially awarded at $$270.00$ per week instead of the correct statutory rate of $$230.00$. While the WCJ amended the award to correct the indemnity rate, this correction did not proportionately adjust the attorney fees. The Appeals Board granted reconsideration, rescinded both the original and amended decisions, and returned the matter to the trial level for recalculation of attorney fees and a new decision.

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