CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and deferred the issue of the third-party credit in this case. While affirming the finding of serious and willful misconduct by the employer, the Board found the original calculation of the third-party credit was unclear and did not follow established legal precedent. The case is remanded to the trial level to properly determine the third-party credit consistent with the Martinez decision. This will involve a detailed analysis of the fault of the employer, employee, and third party.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and deferred the issue of the third-party credit in this case. While affirming the finding of serious and willful misconduct by the employer, the Board found the original calculation of the third-party credit was unclear and did not follow established legal precedent. The case is remanded to the trial level to properly determine the third-party credit consistent with the Martinez decision. This will involve a detailed analysis of the fault of the employer, employee, and third party.
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