CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of a decision that awarded temporary disability benefits to Jose Cortes. The employer petitioned for reconsideration, seeking credit for alleged temporary disability payments previously made in one claim against an award in a related cumulative trauma claim. However, the Board found the employer waived this issue by failing to raise it in pre-trial statements and by not presenting evidence of the payments. The Board also noted that the employer specifically raised the issue of credit for permanent disability advances, suggesting they omitted the temporary disability credit intentionally.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of a decision that awarded temporary disability benefits to Jose Cortes. The employer petitioned for reconsideration, seeking credit for alleged temporary disability payments previously made in one claim against an award in a related cumulative trauma claim. However, the Board found the employer waived this issue by failing to raise it in pre-trial statements and by not presenting evidence of the payments. The Board also noted that the employer specifically raised the issue of credit for permanent disability advances, suggesting they omitted the temporary disability credit intentionally.
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