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Regular DecisionReconsideration

AURELIO DAVILA GARCIA vs. T-Y NURSERY; FLORISTS' MUTUAL INSURANCE CO.

Filed: Mar 13, 2018
Los Angeles
ADJ7849715, ADJ7851060

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the administrative law judge's (WCJ) findings regarding permanent disability ratings and the statute of limitations defense. The WCAB found the WCJ's decision lacked substantial evidence and proper explanation, failing to cite specific evidence for its conclusions on disability and referencing non-existent testimony. Additionally, the WCAB directed the WCJ to further analyze the statute of limitations defense in light of the employer's submitted letter and the lack of a claim form. The matter is returned to the trial level for further proceedings consistent with the WCAB's decision.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the administrative law judge's (WCJ) findings regarding permanent disability ratings and the statute of limitations defense. The WCAB found the WCJ's decision lacked substantial evidence and proper explanation, failing to cite specific evidence for its conclusions on disability and referencing non-existent testimony. Additionally, the WCAB directed the WCJ to further analyze the statute of limitations defense in light of the employer's submitted letter and the lack of a claim form. The matter is returned to the trial level for further proceedings consistent with the WCAB's decision.

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AURELIO DAVILA GARCIA vs. T-Y NURSERY; FLORISTS' MUTUAL INSURANCE CO. (2018) – Los Angeles | CompFox