Home/Case Law/JOSE MARTINEZ vs. EXERCERA, INC. & CHINA LING LLC, COMPWEST NEWPORT BEACH, CHARTIS PHOENIX
Regular DecisionRegular Panel Decision

JOSE MARTINEZ vs. EXERCERA, INC. & CHINA LING LLC, COMPWEST NEWPORT BEACH, CHARTIS PHOENIX

Filed: Jan 19, 2012
San Francisco
ADJ645552 (LAO 0886551)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, which sought to terminate temporary disability indemnity payments. The defendant claimed they had exceeded the statutory 104-week limit for temporary disability. However, the Board found insufficient evidence to support the defendant's claim, noting that no hearing was held and records regarding payment periods and the applicant's claims were missing. Additionally, the applicant's estoppel argument, based on delayed payments preventing necessary surgery, requires further evidentiary development. Therefore, the denial of the defendant's petition to terminate benefits was affirmed.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, which sought to terminate temporary disability indemnity payments. The defendant claimed they had exceeded the statutory 104-week limit for temporary disability. However, the Board found insufficient evidence to support the defendant's claim, noting that no hearing was held and records regarding payment periods and the applicant's claims were missing. Additionally, the applicant's estoppel argument, based on delayed payments preventing necessary surgery, requires further evidentiary development. Therefore, the denial of the defendant's petition to terminate benefits was affirmed.

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