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Case No. ADJ3797840

Regular

Jun 26, 2014

ROGER GREGORY vs. STONEY'S SAND AND GRAVEL, LLC, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board denied the defendant's petition for reconsideration. The Board adopted the Workers' Compensation Judge's (WCJ) report, finding the applicant entitled to 100% permanent disability. This award was based solely on substantial medical evidence of disability, independent of vocational factors. The Board specifically excluded a reference to *Ogilvie v. Workers' Comp. Appeals Bd.* from the WCJ's report.

Petition for ReconsiderationDENIEDWORKERS' COMPENSATION APPEALS BOARDSTONEY'S SAND AND GRAVELLLCSTATE COMPENSATION INSURANCE FUNDROGER GREGORYpermanent total disability100% permanent disabilityLabor Code section 4662

References

Case No. ADJ3797840 (FRE 0248565)

Regular

Dec 24, 2013

ROGER GREGORY vs. STONEY'S SAND AND GRAVEL, LLC, STATE COMPENSATION INSURANCE FUND

The California Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award because the record lacked necessary documentation required by WCAB Rule 10566 and controlling case law. Specifically, the minutes of hearing failed to include stipulations, disputed issues, and a descriptive exhibit list, despite previous remands for these deficiencies. The Board also questioned the calculation of a significant attorney's fee award due to a potential error in the applicant's date of birth used for commutation. The matter was returned to the trial level for proper record establishment and a decision that includes adequate reasoning for all determinations.

Petition to ReopenPermanent Total DisabilityPetition for ReconsiderationWCAB Rule 10566Hamilton v. Lockheed Corp.Hernandez v. AMS Staff LeasingMinutes of HearingStipulations of the PartiesIssues in DisputeExhibits Received

References

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ROGER GREGORY vs. STONEY'S SAND AND GRAVEL, LLC, STATE COMPENSATION INSURANCE FUND