Home/Case Law/GERARDO HERNANDEZ vs. TANIMURA & ANTLE, AMERICAN CASUALTY COMPANY
Regular DecisionReconsideration

GERARDO HERNANDEZ vs. TANIMURA & ANTLE, AMERICAN CASUALTY COMPANY

Filed: Apr 08, 2011
ADJ546277 (FRE 0227807)

CompFox AI Summary

This case concerns a workers' compensation award for an applicant injured in 2003. The defendant sought reconsideration, arguing the permanent disability award should be apportioned due to pre-existing degenerative changes, and that a child support lien should be deducted from the applicant's award. The Appeals Board affirmed the unapportioned permanent disability award, finding the defendant failed to meet its burden of proof for apportionment. The Board also amended the award to defer the child support lien issue to allow parties to resolve its validity.

Full Decision Text1 Pages

This case concerns a workers' compensation award for an applicant injured in 2003. The defendant sought reconsideration, arguing the permanent disability award should be apportioned due to pre-existing degenerative changes, and that a child support lien should be deducted from the applicant's award. The Appeals Board affirmed the unapportioned permanent disability award, finding the defendant failed to meet its burden of proof for apportionment. The Board also amended the award to defer the child support lien issue to allow parties to resolve its validity.

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