Home/Case Law/NESTOR HERNANDEZ vs. FSP INC. SERVICES, INSURANCE COMPANY OF THE WEST
Regular DecisionRegular Panel Decision

NESTOR HERNANDEZ vs. FSP INC. SERVICES, INSURANCE COMPANY OF THE WEST

Filed: Apr 30, 2015
Oxnard
ADJ8714258

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal and denied reconsideration. The defendant sought to credit payments made to the Employment Development Department against the 104-week temporary disability cap. The Board found the judge's prior clarification of a stipulation was a final order, making reconsideration the proper avenue, not removal. Since reconsideration was denied, the judge's interpretation that payments to EDD do not count against the 104-week cap remains in effect.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal and denied reconsideration. The defendant sought to credit payments made to the Employment Development Department against the 104-week temporary disability cap. The Board found the judge's prior clarification of a stipulation was a final order, making reconsideration the proper avenue, not removal. Since reconsideration was denied, the judge's interpretation that payments to EDD do not count against the 104-week cap remains in effect.

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NESTOR HERNANDEZ vs. FSP INC. SERVICES, INSURANCE COMPANY OF THE WEST (2015) – Oxnard | CompFox