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Case No. ADJ11836757

Regular

Sep 09, 2019

Greg Joshua vs. Legend Transportation, National Interstate Insurance

The Workers' Compensation Appeals Board granted reconsideration to defer the issue of Labor Code section 5814 penalties, finding the administrative law judge's initial award premature. The Board determined that Dr. Schmidt's reports constituted substantial medical evidence regarding the applicant's temporary total disability for his left shoulder injury, despite the defendant's arguments about incomplete medical history. However, the Board found that section 5814 penalties are not appropriate for expedited hearings and must be addressed separately. The case is returned to the WCJ for further proceedings specifically on the section 5814 penalty issue.

ADJ11836757AOE/COEPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityLabor Code Section 5814Substantial Medical EvidencePrimary Treating PhysicianDr. SchmidtCredibility

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