Home/Case Law/RICARDO ORTEGA vs. NESTLE WATERS, INC.; CHUBB INSURANCE, adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES
Regular DecisionReconsideration

RICARDO ORTEGA vs. NESTLE WATERS, INC.; CHUBB INSURANCE, adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

Filed: Jan 22, 2019
Van Nuys
ADJ10384714

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision. The WCJ had found that applicant sustained industrial injuries to multiple body parts. Defendant sought reconsideration, arguing the claim was barred under Labor Code Section 3600(a)(10) as filed after termination, with no prior evidence of injury. The Board found the WCJ's original decision incomplete, failing to address the post-termination defense and specific issues like the date of injury under Section 5412. Therefore, the Board amended the findings to affirm the injury finding but deferred all other issues for further proceedings at the trial level.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision. The WCJ had found that applicant sustained industrial injuries to multiple body parts. Defendant sought reconsideration, arguing the claim was barred under Labor Code Section 3600(a)(10) as filed after termination, with no prior evidence of injury. The Board found the WCJ's original decision incomplete, failing to address the post-termination defense and specific issues like the date of injury under Section 5412. Therefore, the Board amended the findings to affirm the injury finding but deferred all other issues for further proceedings at the trial level.

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RICARDO ORTEGA vs. NESTLE WATERS, INC.; CHUBB INSURANCE, adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES (2019) – Van Nuys | CompFox