Home/Case Law/LUIS PENA vs. CITY OF SANTA ROSA
Regular DecisionReconsideration

LUIS PENA vs. CITY OF SANTA ROSA

Filed: Feb 26, 2009
San Francisco
ADJ6413657

CompFox AI Summary

The City of Santa Rosa sought reconsideration of a Stipulated Award that adjusted permanent disability payments under Labor Code section 4658(d) starting March 25, 2008. The Board denied the petition, finding the employer's argument that the 15% reduction applied retroactively to all payments was erroneous. The employer failed to comply with statutory requirements for providing notice of permanent disability status and commencing timely payments after temporary disability ended. Consequently, the employer is not entitled to the benefit of the Labor Code section 4658(d) reduction due to its own statutory non-compliance.

Full Decision Text1 Pages

The City of Santa Rosa sought reconsideration of a Stipulated Award that adjusted permanent disability payments under Labor Code section 4658(d) starting March 25, 2008. The Board denied the petition, finding the employer's argument that the 15% reduction applied retroactively to all payments was erroneous. The employer failed to comply with statutory requirements for providing notice of permanent disability status and commencing timely payments after temporary disability ended. Consequently, the employer is not entitled to the benefit of the Labor Code section 4658(d) reduction due to its own statutory non-compliance.

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LUIS PENA vs. CITY OF SANTA ROSA (2009) – San Francisco | CompFox