Home/Case Law/ESPINOZA vs. HOTEL BEL AIR, VALLEY FORGE INSURANCE COMPANY, CNA CLAIMS PLUS
Regular DecisionReconsideration

ESPINOZA vs. HOTEL BEL AIR, VALLEY FORGE INSURANCE COMPANY, CNA CLAIMS PLUS

Filed: Mar 02, 2009
San Francisco
ADJ3799756

CompFox AI Summary

This Workers' Compensation Appeals Board case involves Applicant's claim for a 15% permanent disability increase under Labor Code section 4658, which the WCJ denied. The WCJ had previously rescinded an earlier award of permanent disability benefits, making the "bump-up" decision premature. The Appeals Board granted reconsideration, finding the record insufficient to determine if Applicant was terminated for cause, a key factor in the 15% increase. The matter is returned to the trial level for further proceedings and a new decision addressing all submitted issues and evidence, including Applicant's potential 132a claim.

Full Decision Text1 Pages

This Workers' Compensation Appeals Board case involves Applicant's claim for a 15% permanent disability increase under Labor Code section 4658, which the WCJ denied. The WCJ had previously rescinded an earlier award of permanent disability benefits, making the "bump-up" decision premature. The Appeals Board granted reconsideration, finding the record insufficient to determine if Applicant was terminated for cause, a key factor in the 15% increase. The matter is returned to the trial level for further proceedings and a new decision addressing all submitted issues and evidence, including Applicant's potential 132a claim.

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ESPINOZA vs. HOTEL BEL AIR, VALLEY FORGE INSURANCE COMPANY, CNA CLAIMS PLUS (2009) – San Francisco | CompFox