Home/Case Law/TOODY CLITES-PORTER vs. COUNTY OF KERN, SHERIFF'S DEPARTMENT
Regular DecisionReconsideration

TOODY CLITES-PORTER vs. COUNTY OF KERN, SHERIFF'S DEPARTMENT

Filed: Apr 05, 2011
ADJ6467603

CompFox AI Summary

In this Workers' Compensation Appeals Board decision, the applicant sustained industrial injury to her cardiovascular system. The defendant employer's offer of regular work was found tardy by the WCJ, resulting in a 15% increase in permanent disability payments. However, on reconsideration, the Board amended the decision, finding the employer entitled to a 15% decrease in permanent disability payments. This was based on the employer making a timely offer of regular work within a reasonable time after receiving the permanent and stationary report, aligning with the statute's purpose of returning injured employees to work. The matter was returned to the trial level for recalculation of permanent disability indemnity and attorney's fees.

Full Decision Text1 Pages

In this Workers' Compensation Appeals Board decision, the applicant sustained industrial injury to her cardiovascular system. The defendant employer's offer of regular work was found tardy by the WCJ, resulting in a 15% increase in permanent disability payments. However, on reconsideration, the Board amended the decision, finding the employer entitled to a 15% decrease in permanent disability payments. This was based on the employer making a timely offer of regular work within a reasonable time after receiving the permanent and stationary report, aligning with the statute's purpose of returning injured employees to work. The matter was returned to the trial level for recalculation of permanent disability indemnity and attorney's fees.

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