Home/Case Law/ROGER GREGORY vs. STONEY'S SAND AND GRAVEL, LLC, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

ROGER GREGORY vs. STONEY'S SAND AND GRAVEL, LLC, STATE COMPENSATION INSURANCE FUND

Filed: Dec 24, 2013
San Luis Obispo
ADJ3797840 (FRE 0248565)

CompFox AI Summary

The California Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award because the record lacked necessary documentation required by WCAB Rule 10566 and controlling case law. Specifically, the minutes of hearing failed to include stipulations, disputed issues, and a descriptive exhibit list, despite previous remands for these deficiencies. The Board also questioned the calculation of a significant attorney's fee award due to a potential error in the applicant's date of birth used for commutation. The matter was returned to the trial level for proper record establishment and a decision that includes adequate reasoning for all determinations.

Full Decision Text1 Pages

The California Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award because the record lacked necessary documentation required by WCAB Rule 10566 and controlling case law. Specifically, the minutes of hearing failed to include stipulations, disputed issues, and a descriptive exhibit list, despite previous remands for these deficiencies. The Board also questioned the calculation of a significant attorney's fee award due to a potential error in the applicant's date of birth used for commutation. The matter was returned to the trial level for proper record establishment and a decision that includes adequate reasoning for all determinations.

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