Home/Case Law/MARY RIVAS vs. STATE COMPENSATION INSURANCE FUND, THE HARTFORD
Regular DecisionReconsideration

MARY RIVAS vs. STATE COMPENSATION INSURANCE FUND, THE HARTFORD

Filed: Feb 08, 2016
Los Angeles
ADJ9397951 ADJ9397963

CompFox AI Summary

In this workers' compensation case, the Appeals Board granted reconsideration to modify a prior decision. The Board affirmed that temporary disability benefits were appropriately awarded by the WCJ for applicant's upper extremity, neck, and psyche injuries sustained across two employment periods. The Board corrected the WCJ's finding on attorney fees, clarifying they are payable from currently due temporary disability benefits, not from prior industrial disability leave or EDD payments. Finally, the Board confirmed its jurisdiction to award temporary disability benefits despite the defendant's argument of exclusive jurisdiction for industrial disability leave.

Full Decision Text1 Pages

In this workers' compensation case, the Appeals Board granted reconsideration to modify a prior decision. The Board affirmed that temporary disability benefits were appropriately awarded by the WCJ for applicant's upper extremity, neck, and psyche injuries sustained across two employment periods. The Board corrected the WCJ's finding on attorney fees, clarifying they are payable from currently due temporary disability benefits, not from prior industrial disability leave or EDD payments. Finally, the Board confirmed its jurisdiction to award temporary disability benefits despite the defendant's argument of exclusive jurisdiction for industrial disability leave.

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