CompFox AI Summary
This case involves a workers' compensation insurer seeking reconsideration of awards granted to an applicant for industrial injuries. The insurer argued it was entitled to credit from a prior civil settlement with the employer. However, the settlement agreement explicitly excluded the release of workers' compensation claims and designated a portion of the settlement for damages other than those covered by workers' compensation. The Board found the defendant failed to meet its burden of proving a double recovery or a statutory basis for credit, thus denying the petition for reconsideration.
Full Decision Text1 Pages
This case involves a workers' compensation insurer seeking reconsideration of awards granted to an applicant for industrial injuries. The insurer argued it was entitled to credit from a prior civil settlement with the employer. However, the settlement agreement explicitly excluded the release of workers' compensation claims and designated a portion of the settlement for damages other than those covered by workers' compensation. The Board found the defendant failed to meet its burden of proving a double recovery or a statutory basis for credit, thus denying the petition for reconsideration.
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