Home/Case Law/OSCAR RABADAN vs. MV TRANSPORTATION, ACE AMERICAN INSURANCE c/o BROADSPIRE
Regular DecisionReconsideration

OSCAR RABADAN vs. MV TRANSPORTATION, ACE AMERICAN INSURANCE c/o BROADSPIRE

Filed: Feb 02, 2011
San Francisco
ADJ2578749

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award finding an industrial injury to the applicant's right shoulder. The defendant sought reconsideration, arguing the judge erred by failing to credit overpaid permanent disability against temporary disability and by deducting the attorney's fee from the permanent disability award. The WCAB rescinded the original decision and returned the case to the trial level for further proceedings and a new decision, noting the defendant should provide any admittedly due benefits.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award finding an industrial injury to the applicant's right shoulder. The defendant sought reconsideration, arguing the judge erred by failing to credit overpaid permanent disability against temporary disability and by deducting the attorney's fee from the permanent disability award. The WCAB rescinded the original decision and returned the case to the trial level for further proceedings and a new decision, noting the defendant should provide any admittedly due benefits.

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