CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant winery's petition for reconsideration. The defendant argued that the applicant's prior petition to reopen initiated all subsequent proceedings, including their own petition to terminate benefits. However, the Board found this contention meritless as the applicant's petition sought only new and further disability, not termination, and was withdrawn before trial. Labor Code section 4607, regarding unsuccessful proceedings to terminate awards, thus applied only to the defendant's actions.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant winery's petition for reconsideration. The defendant argued that the applicant's prior petition to reopen initiated all subsequent proceedings, including their own petition to terminate benefits. However, the Board found this contention meritless as the applicant's petition sought only new and further disability, not termination, and was withdrawn before trial. Labor Code section 4607, regarding unsuccessful proceedings to terminate awards, thus applied only to the defendant's actions.
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