Home/Case Law/KENNETH GMEINER vs. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
Regular Decision

KENNETH GMEINER vs. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT

Filed: Sep 11, 2007
San Francisco
OAK 0325086

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration as premature, but granted removal to address the judge's improper deferral of a permanent disability decision. The judge had vacated submission, citing uncertainty about the validity of the 2005 Permanent Disability Rating Schedule (PDRS) based on a pending case. The Board ruled that deferring a decision on permanent disability due to an unresolved legal issue concerning the PDRS's validity prejudiced the parties and violated the mandate for expeditious adjudication.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration as premature, but granted removal to address the judge's improper deferral of a permanent disability decision. The judge had vacated submission, citing uncertainty about the validity of the 2005 Permanent Disability Rating Schedule (PDRS) based on a pending case. The Board ruled that deferring a decision on permanent disability due to an unresolved legal issue concerning the PDRS's validity prejudiced the parties and violated the mandate for expeditious adjudication.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

KENNETH GMEINER vs. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT (2007) – San Francisco | CompFox