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Regular DecisionReconsideration

RONALD KLINE vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

Filed: Jul 06, 2015
Van Nuys
ADJ7082245

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the Administrative Law Judge's (ALJ) decision regarding Ronald Kline's claim against the Los Angeles Unified School District (LAUSD). The WCAB affirmed the original award of temporary and permanent disability benefits but rescinded the order holding accrued permanent disability indemnity in trust pending resolution of LAUSD's third-party credit claim. The Board found that this issue was improperly deferred at trial and the order violated due process by withholding benefits without proper adjudication of LAUSD's credit rights. Finally, the WCAB affirmed the ALJ's finding of no serious and willful misconduct by the employer, as the evidence did not establish the necessary intent for such a claim.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the Administrative Law Judge's (ALJ) decision regarding Ronald Kline's claim against the Los Angeles Unified School District (LAUSD). The WCAB affirmed the original award of temporary and permanent disability benefits but rescinded the order holding accrued permanent disability indemnity in trust pending resolution of LAUSD's third-party credit claim. The Board found that this issue was improperly deferred at trial and the order violated due process by withholding benefits without proper adjudication of LAUSD's credit rights. Finally, the WCAB affirmed the ALJ's finding of no serious and willful misconduct by the employer, as the evidence did not establish the necessary intent for such a claim.

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RONALD KLINE vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS (2015) – Van Nuys | CompFox