Home/Case Law/RICHARD E. GONZALES vs. DEPARTMENT OF YOUTH AUTHORITY, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

RICHARD E. GONZALES vs. DEPARTMENT OF YOUTH AUTHORITY, STATE COMPENSATION INSURANCE FUND

Filed: Oct 17, 2008
San Francisco
ADJ3747523 (POM 0264468)

CompFox AI Summary

The Appeals Board granted reconsideration and rescinded the WCJ's decision, returning the case to the trial level for further proceedings. The Board found the prior decision relied on an improper evidentiary basis by using a stipulation from a nearly identical case to determine the reasonableness of the facility fee. The matter must be re-evaluated with proper evidence and adherence to the guidelines set forth in Scott Kunz v. Patterson Floor Coverings, Inc. for determining reasonable facility fees.

Full Decision Text1 Pages

The Appeals Board granted reconsideration and rescinded the WCJ's decision, returning the case to the trial level for further proceedings. The Board found the prior decision relied on an improper evidentiary basis by using a stipulation from a nearly identical case to determine the reasonableness of the facility fee. The matter must be re-evaluated with proper evidence and adherence to the guidelines set forth in Scott Kunz v. Patterson Floor Coverings, Inc. for determining reasonable facility fees.

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RICHARD E. GONZALES vs. DEPARTMENT OF YOUTH AUTHORITY, STATE COMPENSATION INSURANCE FUND (2008) – San Francisco | CompFox