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Regular DecisionReconsideration

JOSE NIEVES vs. CITY OF HAYWARD

Filed: Oct 17, 2018
Oakland
ADJ8731516

CompFox AI Summary

This case involves Jose Nieves' claim for workers' compensation benefits following an industrial injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a prior decision awarding 47% permanent disability and specific vocational expert costs. Applicant argued for total permanent disability and higher expert fees, while the defendant claimed apportionment for pre-existing conditions. The WCAB affirmed the prior decision regarding permanent disability but rescinded the vocational expert fee, remanding for a new determination of reasonable costs. A dissenting opinion argued the WCJ misunderstood vocational and medical evidence regarding the applicant's limitations and earning capacity.

Full Decision Text1 Pages

This case involves Jose Nieves' claim for workers' compensation benefits following an industrial injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a prior decision awarding 47% permanent disability and specific vocational expert costs. Applicant argued for total permanent disability and higher expert fees, while the defendant claimed apportionment for pre-existing conditions. The WCAB affirmed the prior decision regarding permanent disability but rescinded the vocational expert fee, remanding for a new determination of reasonable costs. A dissenting opinion argued the WCJ misunderstood vocational and medical evidence regarding the applicant's limitations and earning capacity.

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JOSE NIEVES vs. CITY OF HAYWARD (2018) – Oakland | CompFox