CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's credit claim against the applicant's third-party settlement. The Board rescinded the prior decision, which had limited the credit to half the amount recovered for future medical treatment. It held that the right to a credit in a workers' compensation claim and the right to reimbursement in a third-party civil case are distinct. The case is remanded for further proceedings to redetermine the defendant's credit, which should be based on the increased liability caused by the third-party tortfeasor, up to the applicant's net recovery.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's credit claim against the applicant's third-party settlement. The Board rescinded the prior decision, which had limited the credit to half the amount recovered for future medical treatment. It held that the right to a credit in a workers' compensation claim and the right to reimbursement in a third-party civil case are distinct. The case is remanded for further proceedings to redetermine the defendant's credit, which should be based on the increased liability caused by the third-party tortfeasor, up to the applicant's net recovery.
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