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Case No. ADJ3133261 (VNO 0400017)

Regular

Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION

References

Case No. ADJ7301844, ADJ7301845

Regular

Sep 15, 2017

SONIA WASHINGTON vs. DEPARTMENT OF SOCIAL SERVICES IHSS, YORK RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the WCJ's decision to deny the defendant credit for an undisclosed $16,879.75 permanent disability advance (PDA). The Board found the stipulation agreement, which stated "less credit for such payments previously made," was ambiguous regarding the amount of PDAs to be credited. Crucially, the defendant's counsel had represented to the applicant that only $2,343.00 in PDAs had been paid at the time of the stipulation, and the Board determined the parties intended to settle based on this known amount. Therefore, the defendant was held to its bargain and denied the subsequent claim for a larger credit.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersStipulations with Request for AwardPermanent Disability Advances (PDAs)Credit for PaymentsContract InterpretationPre-trial Conference StatementStipulated AwardWCJ Opinion

References

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FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

SONIA WASHINGTON vs. DEPARTMENT OF SOCIAL SERVICES IHSS, YORK RISK SERVICES