Home/Case Law/Wallace Garietz vs. Vertis Communications, ACE American Insurance Company
Regular DecisionReconsideration

Wallace Garietz vs. Vertis Communications, ACE American Insurance Company

Filed: Nov 01, 2018
ADJ3394569 (OAK 0341726) ADJ1459791 (OAK 0314647)

CompFox AI Summary

This case involves a dispute over the commencement date for permanent total disability (PTD) payments. The defendant seeks to change the PTD start date from December 14, 2006, to June 18, 2015, arguing entitlement to PTD only occurred in 2015. The Appeals Board denied reconsideration, upholding the original finding that applicant was entitled to PTD payments commencing in 2006. This decision aligns with established precedent that PTD benefits, including cost-of-living adjustments (COLAs), begin when the applicant first becomes entitled to those benefits, which in this case was their original permanent and stationary date in 2006.

Full Decision Text1 Pages

This case involves a dispute over the commencement date for permanent total disability (PTD) payments. The defendant seeks to change the PTD start date from December 14, 2006, to June 18, 2015, arguing entitlement to PTD only occurred in 2015. The Appeals Board denied reconsideration, upholding the original finding that applicant was entitled to PTD payments commencing in 2006. This decision aligns with established precedent that PTD benefits, including cost-of-living adjustments (COLAs), begin when the applicant first becomes entitled to those benefits, which in this case was their original permanent and stationary date in 2006.

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Wallace Garietz vs. Vertis Communications, ACE American Insurance Company (2018) – | CompFox