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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 The Board found the defendant's reliance on outdated medical reports unconvincing and noted the credit issue was not raised in the relevant case file.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 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 granted reconsideration to address the employer's claim that the applicant earned income from a trucking business during his temporary total disability. While the original award found temporary disability, the Board amended it to allow credit for applicant's reported net earnings of $1,200 per month from his self-owned trucking business. The case was returned to the trial level for further proceedings and adjustment of temporary disability payments.
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.
The petition for reconsideration is denied for reasons stated in the WCJ report.
Reconsideration granted; prior decision rescinded; matter returned to WCJ for further proceedings.
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.
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