Home/Case Law/MICHELLE SMALLWOOD vs. MEDPARTNERS; SPECIALTY RISK LA HABRA
Regular DecisionReconsideration

MICHELLE SMALLWOOD vs. MEDPARTNERS; SPECIALTY RISK LA HABRA

Filed: May 22, 2009
San Francisco
ADJ3569452 (LAO 0745593)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error, acknowledging the defendant's entitlement to credit for previously paid permanent disability and attorney fees stemming from a 1998 stipulated award. The Board affirmed the original decision's finding of 84% permanent disability and a life pension, rejecting the defendant's arguments for further apportionment to an unfiled claim and for commuting the attorney's fee solely from permanent disability payments. The decision amends specific findings to include the credit for prior payments, ensuring no unjust enrichment.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error, acknowledging the defendant's entitlement to credit for previously paid permanent disability and attorney fees stemming from a 1998 stipulated award. The Board affirmed the original decision's finding of 84% permanent disability and a life pension, rejecting the defendant's arguments for further apportionment to an unfiled claim and for commuting the attorney's fee solely from permanent disability payments. The decision amends specific findings to include the credit for prior payments, ensuring no unjust enrichment.

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