Brian Gault vs. Americana Vacation Clubs, Inc.

This case concerns an applicant who suffered a knee injury that led to a chronic infection requiring lifelong antibiotic treatment. The Workers' Compensation Appeals Board granted reconsideration to correct the permanent disability rate and found the applicant's condition to be an "insidious, progressive disease." Therefore, they awarded an interim permanent disability rating with jurisdiction reserved to award additional benefits due to the likely future complications from the antibiotic therapy. The Board also deferred the penalty for delayed indemnity payment pending the final resolution of permanent disability.