Home/Case Law/FERNANDO RODRIGUEZ vs. PATRICK KAVAHAGH CONSTRUCTION, EVEREST NATIONAL INSURANCE
Regular DecisionReconsideration

FERNANDO RODRIGUEZ vs. PATRICK KAVAHAGH CONSTRUCTION, EVEREST NATIONAL INSURANCE

Filed: May 06, 2016
San Jose
ADJ8645987

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, affirming the initial award of 31% permanent disability for applicant's back and psyche injury. However, the Board deferred the issue of a 15% increase under Labor Code Section 4658(d) and related attorney fees. This deferral allows for further development of the record at the trial level regarding the employer's employee count, which is crucial for determining the applicability of the 15% increase. The WCJ will issue a new decision after these further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, affirming the initial award of 31% permanent disability for applicant's back and psyche injury. However, the Board deferred the issue of a 15% increase under Labor Code Section 4658(d) and related attorney fees. This deferral allows for further development of the record at the trial level regarding the employer's employee count, which is crucial for determining the applicability of the 15% increase. The WCJ will issue a new decision after these further proceedings.

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FERNANDO RODRIGUEZ vs. PATRICK KAVAHAGH CONSTRUCTION, EVEREST NATIONAL INSURANCE (2016) – San Jose | CompFox