Home/Case Law/RENATO NIEVES vs. PIRATE STAFFING, INTERCARE FOR LUMBERMEN'S UNDERWRITING ALLIANCE, In Liquidation, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION
Regular DecisionReconsideration

RENATO NIEVES vs. PIRATE STAFFING, INTERCARE FOR LUMBERMEN'S UNDERWRITING ALLIANCE, In Liquidation, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

Filed: Aug 02, 2017
Bakersfield
ADJ10034182

CompFox AI Summary

The defendant sought reconsideration of the administrative law judge's (WCJ) decision to defer rulings on temporary disability benefits, credit for employment earnings, penalties, interest, and attorney's fees. The WCJ deferred these issues because the applicant's medical reports, crucial for adjudication, were excluded due to the defendant's objections. The Appeals Board denied the defendant's petition, affirming the WCJ's discretion to develop the record and find applicant's testimony sufficient to raise the issue of temporary disability. The Board also noted the defendant's stipulation to causation and failure to raise the post-termination defense at the prior hearing.

Full Decision Text1 Pages

The defendant sought reconsideration of the administrative law judge's (WCJ) decision to defer rulings on temporary disability benefits, credit for employment earnings, penalties, interest, and attorney's fees. The WCJ deferred these issues because the applicant's medical reports, crucial for adjudication, were excluded due to the defendant's objections. The Appeals Board denied the defendant's petition, affirming the WCJ's discretion to develop the record and find applicant's testimony sufficient to raise the issue of temporary disability. The Board also noted the defendant's stipulation to causation and failure to raise the post-termination defense at the prior hearing.

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