Case Law Database

Marco Peris vs. Oakland Opera Theater, State Compensation Insurance Fund

This case involves Marco Peris appealing a Workers' Compensation Appeals Board (WCAB) decision. The WCAB had previously rescinded an award of 100% permanent disability, finding the record insufficient to establish applicant's future earning capacity at the maximum rate. Peris argued the board should have accepted his testimony of earning $38/hour as a journeyman laborer. The WCAB dismissed Peris's current petition for reconsideration, stating reconsideration is only permissible from a final order, not an interlocutory order returning a case for further development of the record.