CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and request for a stay of order. The defendant argued that applicant's attorney failed to properly serve medical reports, that penalties and attorney fees were improperly awarded in an expedited hearing, and that Dr. Newton's report should have barred the award of temporary disability. The Board found that the medical reports were properly served on the defendant and its adjustor, that penalties and fees were correctly awarded as they stemmed from the applicant's entitlement to temporary disability, and that Dr. Newton's report actually supported the award given the defendant's failure to offer modified duties. Finally, the Board admonished applicant's counsel for attaching previously filed documents but declined to impose sanctions.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and request for a stay of order. The defendant argued that applicant's attorney failed to properly serve medical reports, that penalties and attorney fees were improperly awarded in an expedited hearing, and that Dr. Newton's report should have barred the award of temporary disability. The Board found that the medical reports were properly served on the defendant and its adjustor, that penalties and fees were correctly awarded as they stemmed from the applicant's entitlement to temporary disability, and that Dr. Newton's report actually supported the award given the defendant's failure to offer modified duties. Finally, the Board admonished applicant's counsel for attaching previously filed documents but declined to impose sanctions.
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