Home/Case Law/RICHARD JOSEPH NOWAK vs. PACIFIC ARCHITECTURAL ENGINEERING, ACE AMERICAN INSURANCE COMPANY, ESIS, INC.
Regular DecisionReconsideration

RICHARD JOSEPH NOWAK vs. PACIFIC ARCHITECTURAL ENGINEERING, ACE AMERICAN INSURANCE COMPANY, ESIS, INC.

Filed: Jan 02, 2018
Van Nuys
ADJ10845468

CompFox AI Summary

The defendant seeks reconsideration of a prior award of temporary disability benefits. They argue that a newly discovered PR-4 report from the applicant's primary treating physician, Dr. Yoshida, establishes the applicant's condition as permanent and stationary as of August 23, 2017. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter to the judge for further proceedings. This is due to the receipt of the PR-4 report after the initial hearing, which qualifies as newly discovered evidence that was not available for the judge's consideration.

Full Decision Text1 Pages

The defendant seeks reconsideration of a prior award of temporary disability benefits. They argue that a newly discovered PR-4 report from the applicant's primary treating physician, Dr. Yoshida, establishes the applicant's condition as permanent and stationary as of August 23, 2017. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter to the judge for further proceedings. This is due to the receipt of the PR-4 report after the initial hearing, which qualifies as newly discovered evidence that was not available for the judge's consideration.

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