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The Petition for Reconsideration is denied based on the review of the record and the WCJ's report.
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's report. The defendant argued the WCJ erred in finding increased permanent disability and sought credit for temporary disability payments. The Board found the defendant's reliance on outdated medical reports unconvincing and noted the credit issue was not raised in the relevant case file. Furthermore, the Board determined allowing such a credit would unfairly burden the applicant and disrupt the purpose of permanent disability awards.
The Appeals Board granted CIGA's reconsideration, reversing the prior decision that denied CIGA's request to be relieved as administrator for certain benefits. The Board found that SCIF is jointly and severally liable for applicant's knee and bilateral shoulder injuries because these injuries were sustained over periods covered by both Legion (now CIGA) and SCIF. Therefore, SCIF is now appointed as the administrator for nonpermanent disability benefits in cases STK 163280 and STK 169257.
The Workers' Compensation Appeals Board denied reconsideration of the decision finding the applicant did not sustain the alleged injury. The denial was based on the applicant's nearly five-year delay in filing the claim and the fact that the claim was filed on the same day as a reconsideration petition for a prior, related injury case, raising suspicion of a "back-up" strategy. Furthermore, the applicant failed to meet his burden of proof, with unpersuasive testimony and a lack of corroborating evidence.
The Workers' Compensation Appeals Board denied reconsideration of a prior decision in the case of Estela Oregon (Deceased) v. Englander Tualatin Sleep Products, Inc. The Board adopted the reasoning of the workers' compensation administrative law judge. Additionally, the petitioner was admonished for submitting new documents not presented at trial.
This case involved Rutilio Miramontes' workers' compensation claim against Monier Lifetile, which was denied based on a post-termination defense under Labor Code section 3600(a)(10). The applicant's injury occurred before termination, and the defendants argued that the claim was invalid as it was filed after notice of termination. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, affirming the Workers' Compensation Judge's finding. The WCAB agreed that the applicant's medical records, which contained evidence of his condition prior to termination, satisfied an exception to the post-termination defense, thus allowing the claim.
The Workers' Compensation Appeals Board denied Eugenio Diaz's petition for reconsideration of an earlier decision. The Board adopted the WCJ's report, which found that the applicant's attorney failed to cite evidence supporting the claim of zero earning capacity. Consequently, the petition was denied.
Reconsideration granted; prior decision rescinded; matter returned to WCJ for further proceedings.
The WCAB granted reconsideration and rescinded the prior award, returning the case for re-evaluation of permanent disability. The board found merit in the applicant's argument that gait derangement and cane use were not adequately considered in the original rating. However, the WCAB upheld the finding that the defendant failed to establish apportionment to a prior injury due to a lack of due diligence. The applicant's request to apply the 1997 rating schedule was deemed waived.
The petition for reconsideration is denied for reasons stated in the WCJ report.
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