CompFox AI Summary
This case involved an employee who sustained two industrial injuries, one from a third-party's negligence and another cumulative trauma injury. The employer sought to apply a credit for the employee's net third-party recovery against the total workers' compensation award. The Appeals Board denied the employee's petition for reconsideration, upholding the employer's right to this credit. This decision affirmed that a third-party credit can be applied even when industrial injuries are intertwined and awarded jointly, to prevent the employee from obtaining a double recovery.
Full Decision Text1 Pages
This case involved an employee who sustained two industrial injuries, one from a third-party's negligence and another cumulative trauma injury. The employer sought to apply a credit for the employee's net third-party recovery against the total workers' compensation award. The Appeals Board denied the employee's petition for reconsideration, upholding the employer's right to this credit. This decision affirmed that a third-party credit can be applied even when industrial injuries are intertwined and awarded jointly, to prevent the employee from obtaining a double recovery.
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