Home/Case Law/BRIAN BERRY vs. HOSPICE OF THE FOOTHILLS, ALPHA FUND
Regular DecisionWorkers' Compensation

BRIAN BERRY vs. HOSPICE OF THE FOOTHILLS, ALPHA FUND

Filed: Jan 31, 2018
Redding
ADJ10298988

CompFox AI Summary

The Appeals Board rescinded the prior decision and returned the case to the trial level for further proceedings. The Board found that the record was insufficient to determine if the applicant voluntarily retired or was constructively terminated from his employment. Further development of evidence is needed to establish whether the applicant intended to permanently leave the labor force or if his industrial injury prevented him from continuing to work. This determination is crucial for assessing his entitlement to additional temporary disability benefits and potentially permanent disability benefits.

Full Decision Text1 Pages

The Appeals Board rescinded the prior decision and returned the case to the trial level for further proceedings. The Board found that the record was insufficient to determine if the applicant voluntarily retired or was constructively terminated from his employment. Further development of evidence is needed to establish whether the applicant intended to permanently leave the labor force or if his industrial injury prevented him from continuing to work. This determination is crucial for assessing his entitlement to additional temporary disability benefits and potentially permanent disability benefits.

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