Home/Case Law/ROCCO GRIMALDI vs. CITY OF FULLERTON, ADMINSURE
Regular DecisionReconsideration

ROCCO GRIMALDI vs. CITY OF FULLERTON, ADMINSURE

Filed: Jul 05, 2011
San Francisco
ADJ4549159

CompFox AI Summary

In this workers' compensation case, the Appeals Board denied the applicant's petition for reconsideration. The applicant sought to overturn a finding that the defendant was entitled to a credit for overpayment of permanent disability indemnity against the applicant's future medical treatment. The majority found that awarding the credit was within the WCJ's discretion, despite the applicant's arguments of inequity. Commissioner Brass dissented, arguing that the overpayment resulted from the defendant's denial of medical treatment and the applicant should not be penalized with a credit against future medical care.

Full Decision Text1 Pages

In this workers' compensation case, the Appeals Board denied the applicant's petition for reconsideration. The applicant sought to overturn a finding that the defendant was entitled to a credit for overpayment of permanent disability indemnity against the applicant's future medical treatment. The majority found that awarding the credit was within the WCJ's discretion, despite the applicant's arguments of inequity. Commissioner Brass dissented, arguing that the overpayment resulted from the defendant's denial of medical treatment and the applicant should not be penalized with a credit against future medical care.

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