Home/Case Law/Richard Dela Rosa vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND
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Richard Dela Rosa vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

Filed: Nov 15, 2019
San Bernardino
ADJ7507340

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to amend a prior decision regarding applicant Richard Dela Rosa's permanent disability award. The Board found that despite the applicant's disability retirement, the employer's failure to offer modified or regular work within 60 days of the permanent and stationary date triggered a 15% increase in permanent disability payments under Labor Code section 4658(d)(2). This obligation arose even though the applicant retired due to disability and did not voluntarily resign. The Board affirmed the award but increased it by 15% due to the employer's inaction.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to amend a prior decision regarding applicant Richard Dela Rosa's permanent disability award. The Board found that despite the applicant's disability retirement, the employer's failure to offer modified or regular work within 60 days of the permanent and stationary date triggered a 15% increase in permanent disability payments under Labor Code section 4658(d)(2). This obligation arose even though the applicant retired due to disability and did not voluntarily resign. The Board affirmed the award but increased it by 15% due to the employer's inaction.

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