CompFox AI Summary
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The Appeals Board denied the self-insured defendant's petition for reconsideration, affirming the WCJ's award of temporary total disability and a 25% penalty for unreasonable refusal to pay. The Board found the defendant waived the argument that a prior stipulated award barred the penalty claim, as this issue was raised for the first time on appeal. The defendant's contention that temporary disability should be based on post-injury earnings was also rejected. Finally, the Board will return the case for further proceedings concerning misrepresentations in the defendant's petition.
Full Decision Text1 Pages
Here's a concise summary for a lawyer:
The Appeals Board denied the self-insured defendant's petition for reconsideration, affirming the WCJ's award of temporary total disability and a 25% penalty for unreasonable refusal to pay. The Board found the defendant waived the argument that a prior stipulated award barred the penalty claim, as this issue was raised for the first time on appeal. The defendant's contention that temporary disability should be based on post-injury earnings was also rejected. Finally, the Board will return the case for further proceedings concerning misrepresentations in the defendant's petition.
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