Home/Case Law/MARIA SALAS vs. IDS USA WEST, INC., MITSUI SUMITOMO INSURANCE COMPANY OF AMERICA
Regular DecisionWorkers' Compensation

MARIA SALAS vs. IDS USA WEST, INC., MITSUI SUMITOMO INSURANCE COMPANY OF AMERICA

Filed: Jul 18, 2014
Pomona
ADJ7631255

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award, correcting the cumulative trauma period to January 14, 2010, to January 14, 2011. While affirming industrial causation and temporary disability, the Board rescinded the 15% increase in permanent disability benefits based on Salas v. Sierra Chemical Co., finding the employer's failure to offer work occurred after discovering the employee's undocumented status. The Board also corrected the permanent disability benefit rate to $226.67 per week, awarding a total of $21,646.99 for 24% permanent disability.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award, correcting the cumulative trauma period to January 14, 2010, to January 14, 2011. While affirming industrial causation and temporary disability, the Board rescinded the 15% increase in permanent disability benefits based on Salas v. Sierra Chemical Co., finding the employer's failure to offer work occurred after discovering the employee's undocumented status. The Board also corrected the permanent disability benefit rate to $226.67 per week, awarding a total of $21,646.99 for 24% permanent disability.

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MARIA SALAS vs. IDS USA WEST, INC., MITSUI SUMITOMO INSURANCE COMPANY OF AMERICA (2014) – Pomona | CompFox