Home/Case Law/Kenneth Bryant vs. STAFF MARK INVESTMENT LLC, AMERICAN HOME ASSURANCE COMPANY, CHARTIS
Regular DecisionReconsideration

Kenneth Bryant vs. STAFF MARK INVESTMENT LLC, AMERICAN HOME ASSURANCE COMPANY, CHARTIS

Filed: Apr 26, 2010
San Francisco
ADJ1292068 (STK 0203177)

CompFox AI Summary

The defendant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision awarding permanent disability and asserting estoppel regarding earnings. The WCAB granted reconsideration, finding the judge erred by treating an initial answer's earnings admission as a final stipulation. The Appeals Board determined that the issue of earnings was actively disputed and evidence was presented, thus the prior admission was withdrawn. Consequently, the WCAB rescinded the decision and returned the matter for further proceedings to determine average weekly wages and other related issues.

Full Decision Text1 Pages

The defendant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision awarding permanent disability and asserting estoppel regarding earnings. The WCAB granted reconsideration, finding the judge erred by treating an initial answer's earnings admission as a final stipulation. The Appeals Board determined that the issue of earnings was actively disputed and evidence was presented, thus the prior admission was withdrawn. Consequently, the WCAB rescinded the decision and returned the matter for further proceedings to determine average weekly wages and other related issues.

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