Home/Case Law/SHIRLEY RIVADENEYRA vs. CAPISTRANO UNIFIED SCHOOL DISTRICT, NATIONAL UNION FIRE INSURANCE COMPANY, CHARTIS CLAIMS, INC.
Regular DecisionReconsideration

SHIRLEY RIVADENEYRA vs. CAPISTRANO UNIFIED SCHOOL DISTRICT, NATIONAL UNION FIRE INSURANCE COMPANY, CHARTIS CLAIMS, INC.

Filed: Nov 01, 2010
ADJ2514701 (ANA 0345641) ADJ2172461 (ANA 0337687)

CompFox AI Summary

The Appeals Board granted reconsideration of the WCJ's award finding applicant suffered new and further permanent disability and was 100% disabled. Defendant contended the WCJ erred by failing to apportion to a prior disability award and by awarding lifetime permanent total disability indemnity at a temporary disability rate. The Board rescinded the award, finding the WCJ incorrectly analyzed apportionment under SB 899, and remanded for further proceedings on permanent disability and apportionment.

Full Decision Text1 Pages

The Appeals Board granted reconsideration of the WCJ's award finding applicant suffered new and further permanent disability and was 100% disabled. Defendant contended the WCJ erred by failing to apportion to a prior disability award and by awarding lifetime permanent total disability indemnity at a temporary disability rate. The Board rescinded the award, finding the WCJ incorrectly analyzed apportionment under SB 899, and remanded for further proceedings on permanent disability and apportionment.

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