Case Law Database

EPIFANIO RODRIGUEZ vs. HOME DEPOT USA, INC.

In this workers' compensation case, the defendant sought reconsideration of a finding that the applicant was entitled to permanent disability benefits and cost of living adjustments (COLAs) commencing January 1, 2004. The defendant argued this issue should be deferred pending the California Supreme Court's decision in *Duncan v. Workers' Comp. Appeals Bd.* The Appeals Board granted reconsideration, rescinded the original finding on the COLA commencement date, and deferred the issue. The matter was returned to the trial level pending the Supreme Court's ruling in *Duncan* or a similar case.