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This Workers' Compensation Appeals Board decision affirmed the Administrative Law Judge's (ALJ) ruling that the employer, Millworks By Design, Inc., is entitled to an undiminished credit for the applicant's third-party settlement. The Board found the applicant failed to prove employer negligence contributed to his ATV accident, thus negating any reduction to the credit amount under Labor Code section 3861. However, the Board remanded the case to determine the precise credit amount and its applicability to future benefits, as these issues were not definitively resolved. The decision clarifies that the employer's awareness of unsafe ATV operation was not sufficiently established by the applicant's testimony.
LANCE GLASSHOFF vs. MILLWORKS BY DESIGN, INC., EVEREST NATIONAL INSURANCE COMPANY is a workers' compensation case decided in Van Nuys. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Van Nuys.
Full Decision Text1 Pages
This Workers' Compensation Appeals Board decision affirmed the Administrative Law Judge's (ALJ) ruling that the employer, Millworks By Design, Inc., is entitled to an undiminished credit for the applicant's third-party settlement. The Board found the applicant failed to prove employer negligence contributed to his ATV accident, thus negating any reduction to the credit amount under Labor Code section 3861. However, the Board remanded the case to determine the precise credit amount and its applicability to future benefits, as these issues were not definitively resolved. The decision clarifies that the employer's awareness of unsafe ATV operation was not sufficiently established by the applicant's testimony.
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