Home/Case Law/Marc Haiungs vs. COUNTY OF KERN
Regular DecisionReconsideration

Marc Haiungs vs. COUNTY OF KERN

Filed: Feb 08, 2016
Bakersfield
ADJ9770408

CompFox AI Summary

This case concerns a Deputy Sheriff's claim for workers' compensation benefits for a back injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and amended an existing award. The WCAB affirmed the finding that the applicant sustained a cumulative industrial back injury due to his employment duties, despite a subsequent non-industrial aggravation. However, the WCAB reversed the initial award for temporary total disability benefits under Labor Code section 4850, finding that the applicant's temporary disability was not solely due to the industrial injury, but then reinstated these benefits after concluding the IME's revised opinion lacked substantial evidence. Ultimately, the period for temporary total disability benefits was adjusted to November 3, 2014, to December 15, 2014.

Full Decision Text1 Pages

This case concerns a Deputy Sheriff's claim for workers' compensation benefits for a back injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and amended an existing award. The WCAB affirmed the finding that the applicant sustained a cumulative industrial back injury due to his employment duties, despite a subsequent non-industrial aggravation. However, the WCAB reversed the initial award for temporary total disability benefits under Labor Code section 4850, finding that the applicant's temporary disability was not solely due to the industrial injury, but then reinstated these benefits after concluding the IME's revised opinion lacked substantial evidence. Ultimately, the period for temporary total disability benefits was adjusted to November 3, 2014, to December 15, 2014.

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