Home/Case Law/ROBERT FERNANDEZ vs. DOC BAILEY CONSTRUCTION EQUIPMENT, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

ROBERT FERNANDEZ vs. DOC BAILEY CONSTRUCTION EQUIPMENT, STATE COMPENSATION INSURANCE FUND

Filed: Nov 03, 2011
ADJ718681 (OAK 0275118) ADJ4258102 (OAK 0275119)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's order rejecting the defendant's objection to the applicant's petition to commute future benefits. The applicant had previously sustained injuries resulting in 71% permanent disability. After the judge initially approved a $50,000 commutation, the defendant filed an objection arguing it was not in the applicant's best interest. The WCAB is now rescinding the original commutation order and returning the case to the trial judge to consider a newly submitted stipulation between the parties or conduct further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's order rejecting the defendant's objection to the applicant's petition to commute future benefits. The applicant had previously sustained injuries resulting in 71% permanent disability. After the judge initially approved a $50,000 commutation, the defendant filed an objection arguing it was not in the applicant's best interest. The WCAB is now rescinding the original commutation order and returning the case to the trial judge to consider a newly submitted stipulation between the parties or conduct further proceedings.

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