Home/Case Law/JOSE GARCIA vs. COUNTY OF ORANGE, PSI, YORK RISK SERVICES GROUP, INC.
Regular DecisionReconsideration

JOSE GARCIA vs. COUNTY OF ORANGE, PSI, YORK RISK SERVICES GROUP, INC.

Filed: Dec 21, 2020
Anaheim
ADJ9464655

CompFox AI Summary

This case involves a worker's compensation claim where the employer sought a third-party credit against the applicant's settlement. The Appeals Board amended the findings to attribute 5% of the fault to the applicant and 95% to the employer's employees. Despite the applicant's settlement of $26,000, the employer was denied credit because their 95% fault ($24,700) exceeded the applicant's net recovery ($17,500). The Board affirmed the WCJ's decision that the employer's contribution based on their fault exceeded the credit amount, thus preventing a credit for future benefits.

Full Decision Text1 Pages

This case involves a worker's compensation claim where the employer sought a third-party credit against the applicant's settlement. The Appeals Board amended the findings to attribute 5% of the fault to the applicant and 95% to the employer's employees. Despite the applicant's settlement of $26,000, the employer was denied credit because their 95% fault ($24,700) exceeded the applicant's net recovery ($17,500). The Board affirmed the WCJ's decision that the employer's contribution based on their fault exceeded the credit amount, thus preventing a credit for future benefits.

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