Home/Case Law/MARILOU WRIGHT vs. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION
Regular DecisionReconsideration

MARILOU WRIGHT vs. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION

Filed: Oct 13, 2015
Bakersfield
ADJ6769624

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a prior award to amend the temporary total disability period for applicant Marilou Wright, a correctional officer, who suffered injury to her psyche and respiratory system (San Joaquin Valley Fever). The Board revised the temporary total disability period to November 19, 2008, through June 2, 2010, to align with medical evidence. While the Board acknowledged the defendant's argument about temporary disability overpayment and a request for credit, it found this issue was waived by not being raised earlier. However, to prevent double recovery, the Board granted the defendant a credit against the permanent disability award for good faith temporary disability payments made after the permanent and stationary date.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a prior award to amend the temporary total disability period for applicant Marilou Wright, a correctional officer, who suffered injury to her psyche and respiratory system (San Joaquin Valley Fever). The Board revised the temporary total disability period to November 19, 2008, through June 2, 2010, to align with medical evidence. While the Board acknowledged the defendant's argument about temporary disability overpayment and a request for credit, it found this issue was waived by not being raised earlier. However, to prevent double recovery, the Board granted the defendant a credit against the permanent disability award for good faith temporary disability payments made after the permanent and stationary date.

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