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Case No. ADJ7849715, ADJ7851060

Regular

Mar 13, 2018

AURELIO DAVILA GARCIA vs. T-Y NURSERY; FLORISTS' MUTUAL INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the administrative law judge's (WCJ) findings regarding permanent disability ratings and the statute of limitations defense. The WCAB found the WCJ's decision lacked substantial evidence and proper explanation, failing to cite specific evidence for its conclusions on disability and referencing non-existent testimony. Additionally, the WCAB directed the WCJ to further analyze the statute of limitations defense in light of the employer's submitted letter and the lack of a claim form. The matter is returned to the trial level for further proceedings consistent with the WCAB's decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderCumulative InjurySpecific InjuryPermanent DisabilityStatute of LimitationsLabor Code section 5405Arising out of and in the course of employment (AOE/COE)Disability Evaluation Unit

References

Case No. ADJ7849715 ADJ7851060

Regular

Feb 01, 2019

, Applicant, , AURELIO DAVILA GARCIA vs. T-Y NURSERY, FLORISTS' MUTUAL INSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration and will defer issues regarding the applicant's entitlement to an adjusted permanent disability indemnity rate and temporary total disability indemnity. The Board affirmed the Finding of Fact that the applicant sustained a 53% permanent disability award. These deferred issues, along with applicant's attorney fee, are returned to the trial level for further proceedings and decision by the administrative law judge.

ADJ7849715ADJ7851060Petition for ReconsiderationFindings and Orderpermanent disability indemnity rateLabor Code section 4658(d)(2)temporary total disability indemnityWCJAppeals BoardBontempo v. Workers' Comp. Appeals Bd.

References

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AURELIO DAVILA GARCIA vs. T-Y NURSERY; FLORISTS' MUTUAL INSURANCE CO.

, Applicant, , AURELIO DAVILA GARCIA vs. T-Y NURSERY, FLORISTS' MUTUAL INSURANCE CO.