Home/Case Law/Patrick Daly vs. Guardmark, LLC., American Home Assurance Co.
Regular DecisionReconsideration

Patrick Daly vs. Guardmark, LLC., American Home Assurance Co.

Filed: May 18, 2012
Santa Rosa
ADJ7971815

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The Workers' Compensation Appeals Board granted reconsideration, affirming the applicant's back injury due to the employer's failure to deny the claim within 90 days, but rescinded the finding of injury to the lower extremities due to insufficient evidence and lack of specific allegation. The Board deferred issues of temporary disability, EDD's lien, and the applicability of Labor Code section 4656(c)(2) pending further development of the record. The case was returned to the trial level for consolidation with a related case and further proceedings to determine temporary disability. The Board also admonished the defendant for misrepresenting the WCJ's original order regarding temporary disability duration.

Full Decision Text1 Pages

Here's a summary of the case in four sentences for a lawyer:

The Workers' Compensation Appeals Board granted reconsideration, affirming the applicant's back injury due to the employer's failure to deny the claim within 90 days, but rescinded the finding of injury to the lower extremities due to insufficient evidence and lack of specific allegation. The Board deferred issues of temporary disability, EDD's lien, and the applicability of Labor Code section 4656(c)(2) pending further development of the record. The case was returned to the trial level for consolidation with a related case and further proceedings to determine temporary disability. The Board also admonished the defendant for misrepresenting the WCJ's original order regarding temporary disability duration.

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