CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of temporary disability benefits. Defendant argued that applicant's undocumented immigration status barred her from receiving benefits despite medical ability to work in a modified capacity. The Board found the record insufficiently developed to determine the full extent of temporary disability and the validity of any modified work offers, referencing Del Taco which states immigration status does not affect entitlement to temporary disability but may affect vocational rehabilitation. The case is returned to the trial level for further proceedings to develop the record and make new findings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of temporary disability benefits. Defendant argued that applicant's undocumented immigration status barred her from receiving benefits despite medical ability to work in a modified capacity. The Board found the record insufficiently developed to determine the full extent of temporary disability and the validity of any modified work offers, referencing Del Taco which states immigration status does not affect entitlement to temporary disability but may affect vocational rehabilitation. The case is returned to the trial level for further proceedings to develop the record and make new findings.
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