Home/Case Law/KENNETH EVERETT vs. DOUBLETREE CLUB HOTEL, STATE COMPENSATION INSURANCE FUND
Regular DecisionRegular Panel Decision

KENNETH EVERETT vs. DOUBLETREE CLUB HOTEL, STATE COMPENSATION INSURANCE FUND

Filed: Jun 27, 2013
San Francisco
ADJ2070419 (AHM 0102989)

CompFox AI Summary

The Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's award for applicant Kenneth Everett's industrial back, neck, and upper extremity injuries. The defendant failed to show due diligence in investigating the applicant's statements or reopening discovery after the Mandatory Settlement Conference, despite having notice of the subsequent injury claim. Furthermore, the defendant did not properly preserve their claims of excluded testimony or evidence by failing to object to the hearing minutes or procure a transcript. The WCJ's decision was based on the treating physician's report, which included apportionment for the subsequent injury, and the defendant's argument of full compensation from the other claim was not persuasive.

Full Decision Text1 Pages

The Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's award for applicant Kenneth Everett's industrial back, neck, and upper extremity injuries. The defendant failed to show due diligence in investigating the applicant's statements or reopening discovery after the Mandatory Settlement Conference, despite having notice of the subsequent injury claim. Furthermore, the defendant did not properly preserve their claims of excluded testimony or evidence by failing to object to the hearing minutes or procure a transcript. The WCJ's decision was based on the treating physician's report, which included apportionment for the subsequent injury, and the defendant's argument of full compensation from the other claim was not persuasive.

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