Home/Case Law/AMANDA PEREZ vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION - PLEASANT VALLEY STATE PRISON, Legally Uninsured; adjusted by STATE COMPENSATION INSURANCE FUND
Regular DecisionWorkers' Compensation

AMANDA PEREZ vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION - PLEASANT VALLEY STATE PRISON, Legally Uninsured; adjusted by STATE COMPENSATION INSURANCE FUND

Filed: Feb 06, 2018
Fresno
ADJ3345421 (BAK 0144525), ADJ3709124 (BAK 0150236), ADJ2925427 (BAK 0144602)

CompFox AI Summary

The Workers' Compensation Appeals Board rescinded a previous order and returned the case to the WCJ for further proceedings due to procedural deficiencies. The WCJ's findings and order lacked sufficient detail and did not adequately explain the basis for the decision, failing to comply with statutory requirements for findings of fact and summary of evidence. Furthermore, the Board could not determine if an award for temporary disability indemnity had been made, which is a prerequisite for the lien claimant (CCPOA) to be reimbursed for living expenses under Labor Code Section 4903.1(a)(3). The case is being remanded to ensure proper documentation and a clear determination of the temporary disability award before addressing the lien.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board rescinded a previous order and returned the case to the WCJ for further proceedings due to procedural deficiencies. The WCJ's findings and order lacked sufficient detail and did not adequately explain the basis for the decision, failing to comply with statutory requirements for findings of fact and summary of evidence. Furthermore, the Board could not determine if an award for temporary disability indemnity had been made, which is a prerequisite for the lien claimant (CCPOA) to be reimbursed for living expenses under Labor Code Section 4903.1(a)(3). The case is being remanded to ensure proper documentation and a clear determination of the temporary disability award before addressing the lien.

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