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The Workers' Compensation Appeals Board affirmed a prior decision finding an applicant sustained an industrial injury to her right shoulder resulting in 8% permanent disability and awarded permanent disability indemnity and future medical treatment. The defendant employer sought a 15% decrease in permanent disability indemnity under Labor Code § 4658(d), arguing they offered the applicant regular work within the statutory timeframe. The Board, relying on City of Sebastopol v. Workers' Comp. Appeals Bd. (Braga), held that the 15% reduction is not applicable when the employee has not lost any work time and continues in their regular employment. This is because the legislative purpose of § 4658(d) is to incentivize employers to facilitate a return to work, a purpose not served when the employee never left their job.
Tracy Peters vs. CITY OF SEBASTOPOL, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND is a workers' compensation case decided in Santa Rosa. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Santa Rosa.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed a prior decision finding an applicant sustained an industrial injury to her right shoulder resulting in 8% permanent disability and awarded permanent disability indemnity and future medical treatment. The defendant employer sought a 15% decrease in permanent disability indemnity under Labor Code § 4658(d), arguing they offered the applicant regular work within the statutory timeframe. The Board, relying on City of Sebastopol v. Workers' Comp. Appeals Bd. (Braga), held that the 15% reduction is not applicable when the employee has not lost any work time and continues in their regular employment. This is because the legislative purpose of § 4658(d) is to incentivize employers to facilitate a return to work, a purpose not served when the employee never left their job.
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