Home/Case Law/JUAN ANTONIO PEREZ GARCIA vs. TAPIA BROTHERS, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

JUAN ANTONIO PEREZ GARCIA vs. TAPIA BROTHERS, STATE COMPENSATION INSURANCE FUND

Filed: May 17, 2010
San Francisco
ADJ1291435

CompFox AI Summary

This case involves a workers' compensation applicant who sustained admitted industrial injuries to his neck, shoulder, and knee. The defendant sought reconsideration, arguing the WCJ erred in not apportioning the permanent disability due to a prior injury settlement. The Appeals Board granted reconsideration, finding the prior compromise and release constituted a prior permanent disability award, requiring an apportionment analysis. The Board rescinded the WCJ's decision and returned the case for further proceedings to determine permanent disability and apportionment based on overlap principles.

Full Decision Text1 Pages

This case involves a workers' compensation applicant who sustained admitted industrial injuries to his neck, shoulder, and knee. The defendant sought reconsideration, arguing the WCJ erred in not apportioning the permanent disability due to a prior injury settlement. The Appeals Board granted reconsideration, finding the prior compromise and release constituted a prior permanent disability award, requiring an apportionment analysis. The Board rescinded the WCJ's decision and returned the case for further proceedings to determine permanent disability and apportionment based on overlap principles.

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