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Reconsideration granted to address errors in permanent disability rating and apportionment. Matter returned for new rating considering walker use and clarifying apportionment.
The defendant sought reconsideration of a Stipulated Findings and Award, arguing for credit of overpaid indemnity benefits. The Workers' Compensation Appeals Board dismissed the petition, finding the defendant was not aggrieved as the award already included provisions for asserting credit for permanent disability advances and TTD overpayments. The Board adopted the WCJ's report, which concluded the existing stipulations and award authorized the claimed credit.
This case affirmed an award of Labor Code section 4850 benefits to a deputy sheriff for an industrial neck injury. The Appeals Board held that section 4850 benefits are distinct from temporary disability benefits, and the applicant was entitled to claim them after receiving temporary disability indemnity. The court also ruled that the defendant employer was entitled to credit retirement advances against the section 4850 benefits.
The Appeals Board granted reconsideration to address penalties and attorney's fees awarded by the WCJ. While affirming the WCJ's decision that the defendant could not deduct permanent disability advances made before April 8, 2006, the Board reversed the penalties and attorney's fees. The Board found that ambiguities in the Compromise and Release agreement regarding deductions created reasonable doubt, thus precluding penalties for delayed payment.
The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration of the Joint Findings and Award. The applicant's argument focused on alleged errors in the WCJ's Opinion on Decision regarding advances, not the Findings and Award itself. The Board clarified that reconsideration is only available for final orders determining substantive rights or liabilities. Since the Findings and Award did not address advances or offsets, and no final order on that issue exists, the petition was denied. Any dispute regarding advances must first be litigated at the trial level.
The Workers' Compensation Appeals Board (WCAB) has dismissed a petition for reconsideration in the case of Rosario Gutierrez versus Advance Paper Box and its insurer, the California Insurance Guarantee Association. The dismissal is due to the petitioner voluntarily withdrawing their request for reconsideration of the June 3, 2016 decision. This administrative order formally closes the reconsideration process as requested.
The Workers' Compensation Appeals Board denied reconsideration of a decision that halted permanent disability (PD) advances. The applicant argued for continued advances due to ongoing temporary total disability and a lack of a definitive PD estimate, despite exhausting temporary disability benefits. The Board found no legal basis to order further PD advances and stated the applicant could conduct further discovery and present new evidence on the issue. The applicant failed to meet his burden of proof for continuing these advances.
The Workers' Compensation Appeals Board granted reconsideration to address whether the defendant was entitled to a credit for $11,020 in permanent disability advances. The applicant argued against the credit, citing that the Compromise and Release explicitly stated "0.00" permanent disability indemnity paid and did not include any deductions for such advances. The Board found the defendant's interpretation of the addendum ambiguous and against the explicit language of the settlement agreement. Therefore, the Board amended the award to permit credit only for permanent disability advances made *after* the date of the Compromise and Release.
The Workers' Compensation Appeals Board (WCAB) reversed a prior ruling that disability pension advances under Labor Code section 4850.4 constitute "compensation" subject to penalties for unreasonable delay. The Board held that these advances are distinct from workers' compensation benefits and are administered through a separate system, thus not triggering Labor Code section 5814 penalties. This decision aligns with prior rulings regarding similar special benefits for public safety officers under section 4850. Consequently, any unreasonable delay in paying these advances is not subject to a penalty.
The defendant sought reconsideration of an approved Compromise and Release agreement, arguing the WCJ erred by not allowing a credit for permanent disability advances due to mutual mistake. The agreement settled the applicant's industrial injuries for $\$12,797.50$. However, the Compromise and Release form contained an ambiguous clause regarding permanent disability advances, with blanks left unfilled by the defendant. Because the defendant drafted the agreement and the applicant was unrepresented, any ambiguity is construed against the defendant. Therefore, the petition for reconsideration was denied, and the defendant is not entitled to a credit for permanent disability advances.
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