Home/Case Law/DUSTY GARMAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS-CSATF-STATE OF CALIFORNIA
Regular DecisionReconsideration

DUSTY GARMAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS-CSATF-STATE OF CALIFORNIA

Filed: Mar 28, 2008
San Francisco
VNO 0496493

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that he did not sustain new and further disability after a previous settlement. The Board found that the applicant's permanent disability was already stipulated as 100% prior to his surgery, and any perceived worsening does not constitute "new" disability. Although a law change affected apportionment for his specific injury, this issue was not properly raised and thus could not be considered for reopening.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that he did not sustain new and further disability after a previous settlement. The Board found that the applicant's permanent disability was already stipulated as 100% prior to his surgery, and any perceived worsening does not constitute "new" disability. Although a law change affected apportionment for his specific injury, this issue was not properly raised and thus could not be considered for reopening.

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DUSTY GARMAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS-CSATF-STATE OF CALIFORNIA (2008) – San Francisco | CompFox