Home/Case Law/BYRON GIBBONS vs. CALIFORNIA DEPARTMENT OF FORESTRY, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

BYRON GIBBONS vs. CALIFORNIA DEPARTMENT OF FORESTRY, STATE COMPENSATION INSURANCE FUND

Filed: Oct 09, 2020
Redding
ADJ10537068

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed the finding that the applicant sustained an industrial injury to his respiratory system resulting in Guillain-Barre syndrome. While medical evidence supported the industrial causation of the applicant's condition, the Board deferred the issue of the lien claimant's reimbursement amount. The case is returned to the trial level for further proceedings regarding the lien amount, specifically to litigate whether it should be determined under the Official Medical Fee Schedule with penalties or potentially in excess of it. The original award of $1,085,678.88, a 15% penalty, and interest was rescinded pending this determination.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed the finding that the applicant sustained an industrial injury to his respiratory system resulting in Guillain-Barre syndrome. While medical evidence supported the industrial causation of the applicant's condition, the Board deferred the issue of the lien claimant's reimbursement amount. The case is returned to the trial level for further proceedings regarding the lien amount, specifically to litigate whether it should be determined under the Official Medical Fee Schedule with penalties or potentially in excess of it. The original award of $1,085,678.88, a 15% penalty, and interest was rescinded pending this determination.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.