Home/Case Law/MICHAEL BENKO vs. EMCOR/MARELICH MECHANICAL, SPECIALTY RISK SERVICES
Regular DecisionReconsideration

MICHAEL BENKO vs. EMCOR/MARELICH MECHANICAL, SPECIALTY RISK SERVICES

Filed: Feb 17, 2009
ADJ515661 (OAK 0320944) ADJ1552296 (OAK 0313467)

CompFox AI Summary

This case returns to the trial level for further proceedings and a new decision. The Workers' Compensation Appeals Board rescinded the original Findings and Award due to the administrative law judge (ALJ) failing to properly determine whether the diminished future earning capacity (DFEC) portion of the 2005 rating schedule had been rebutted. Guidance from a recent Appeals Board decision, Ogilvie v. City and County of San Francisco, will be applied to this determination. The issue of the Employment Development Department's lien will also be addressed at the trial level.

Full Decision Text1 Pages

This case returns to the trial level for further proceedings and a new decision. The Workers' Compensation Appeals Board rescinded the original Findings and Award due to the administrative law judge (ALJ) failing to properly determine whether the diminished future earning capacity (DFEC) portion of the 2005 rating schedule had been rebutted. Guidance from a recent Appeals Board decision, Ogilvie v. City and County of San Francisco, will be applied to this determination. The issue of the Employment Development Department's lien will also be addressed at the trial level.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.