Home/Case Law/JESSE MILES (Deceased) vs. CALIFORNIA STATE DEPARTMENT OF CORRECTIONS, SCIF STATE EMPLOYEES COMMERCE
Regular DecisionReconsideration

JESSE MILES (Deceased) vs. CALIFORNIA STATE DEPARTMENT OF CORRECTIONS, SCIF STATE EMPLOYEES COMMERCE

Filed: Mar 01, 2010
San Francisco
ADJ564696

CompFox AI Summary

The Appeals Board denied the applicant's petition for reconsideration, which sought to retroactively change the permanent and stationary (P&S) date from October 16, 2006, to March 25, 2003, based on an industrial orthopedic injury. The Board affirmed the prior finding that the P&S date was October 16, 2006, as stipulated by the parties, and that the applicant was adequately compensated for temporary disability. While the applicant died before the reconsideration, Labor Code section 4700 does not mandate changing the P&S date for accrued benefits. Therefore, the Board found no good cause to disturb the stipulation regarding the P&S date.

Full Decision Text1 Pages

The Appeals Board denied the applicant's petition for reconsideration, which sought to retroactively change the permanent and stationary (P&S) date from October 16, 2006, to March 25, 2003, based on an industrial orthopedic injury. The Board affirmed the prior finding that the P&S date was October 16, 2006, as stipulated by the parties, and that the applicant was adequately compensated for temporary disability. While the applicant died before the reconsideration, Labor Code section 4700 does not mandate changing the P&S date for accrued benefits. Therefore, the Board found no good cause to disturb the stipulation regarding the P&S date.

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JESSE MILES (Deceased) vs. CALIFORNIA STATE DEPARTMENT OF CORRECTIONS, SCIF STATE EMPLOYEES COMMERCE (2010) – San Francisco | CompFox