Home/Case Law/VICENTE OSEGUERA vs. WIDE AWAKE DEVELOPERS, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

VICENTE OSEGUERA vs. WIDE AWAKE DEVELOPERS, STATE COMPENSATION INSURANCE FUND

Filed: May 31, 2011
San Francisco
ADJ1537573 (MON 0347052)

CompFox AI Summary

In this Workers' Compensation Appeals Board decision, reconsideration was granted to address two issues raised by the defendant. The Board rescinded the award of an overpayment credit against future temporary disability benefits due to the defendant's significant delays in payments and the potential expiration of temporary disability benefits. However, the Board deferred the issue of the 15% permanent disability increase under Labor Code section 4658(d)(2), remanding the case for further proceedings to determine if the employer had fifty or more employees, as this is a prerequisite for the increase. The Board affirmed all other aspects of the original Findings and Award.

Full Decision Text1 Pages

In this Workers' Compensation Appeals Board decision, reconsideration was granted to address two issues raised by the defendant. The Board rescinded the award of an overpayment credit against future temporary disability benefits due to the defendant's significant delays in payments and the potential expiration of temporary disability benefits. However, the Board deferred the issue of the 15% permanent disability increase under Labor Code section 4658(d)(2), remanding the case for further proceedings to determine if the employer had fifty or more employees, as this is a prerequisite for the increase. The Board affirmed all other aspects of the original Findings and Award.

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.