Home/Case Law/JOSE DE LEON vs. SANTANA RIOS FARM LABOR, STAR INSURANCE COMPANY
Regular DecisionReconsideration

JOSE DE LEON vs. SANTANA RIOS FARM LABOR, STAR INSURANCE COMPANY

Filed: Feb 07, 2020
Bakersfield
ADJ9158183

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, affirming a prior award but amending it to find 17% permanent disability for the applicant's hernia injury. The Board ruled that res judicata precluded re-litigating the applicant's low back permanent disability, as it had been previously decided in his favor. Expert medical opinions, particularly from Dr. Bronshvag, supported the finding of disability from the hernia. The applicant's average earnings were stipulated at $384.00 per week, which was upheld.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, affirming a prior award but amending it to find 17% permanent disability for the applicant's hernia injury. The Board ruled that res judicata precluded re-litigating the applicant's low back permanent disability, as it had been previously decided in his favor. Expert medical opinions, particularly from Dr. Bronshvag, supported the finding of disability from the hernia. The applicant's average earnings were stipulated at $384.00 per week, which was upheld.

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