Home/Case Law/ROGELIO ROJAS vs. ALLIED WASTE INDUSTRIES INC, AMERICAN HOME ASSURANCE
Regular DecisionReconsideration

ROGELIO ROJAS vs. ALLIED WASTE INDUSTRIES INC, AMERICAN HOME ASSURANCE

Filed: Mar 22, 2010
San Francisco
ADJ608971 (SAC 0345754)

CompFox AI Summary

This case involved a dispute over a 15% increase in permanent disability benefits for an employee who sustained a 100% permanent disability. The defendant argued this increase, under Labor Code section 4658(d), did not apply to total permanent disability awards and challenged the retroactive date for annual wage adjustments. The Appeals Board granted reconsideration, reversing the 15% increase because Labor Code section 4658(d) applies only to permanent disability awards calculated under a specific chart, not to total permanent disability. The Board affirmed the annual wage adjustment date based on precedent and deferred attorney fees pending recalculation.

Full Decision Text1 Pages

This case involved a dispute over a 15% increase in permanent disability benefits for an employee who sustained a 100% permanent disability. The defendant argued this increase, under Labor Code section 4658(d), did not apply to total permanent disability awards and challenged the retroactive date for annual wage adjustments. The Appeals Board granted reconsideration, reversing the 15% increase because Labor Code section 4658(d) applies only to permanent disability awards calculated under a specific chart, not to total permanent disability. The Board affirmed the annual wage adjustment date based on precedent and deferred attorney fees pending recalculation.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.