Home/Case Law/WANDA AUGUSTINE (Deceased) vs. FEDERAL EXPRESS, SEDGWICK CLAIMS MANAGEMENT SERVICES, THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS
Regular Decision

WANDA AUGUSTINE (Deceased) vs. FEDERAL EXPRESS, SEDGWICK CLAIMS MANAGEMENT SERVICES, THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS

Filed: Nov 06, 2017
ADJ1069838 (OAK 0342751) ADJ780338 (OAK O342750)

CompFox AI Summary

The Workers' Compensation Appeals Board rescinded a previous award and held that the Subsequent Injuries Benefits Trust Fund (SIBTF) is not liable for Jeff Malmuth's lien for vocational rehabilitation costs. The Board found that SIBTF was not a party when the costs were incurred and that the lien's recoverability against Federal Express requires further development of the record regarding the dates of injury and body parts involved in the underlying claims. The case is returned to the trial level for new proceedings and a decision on the lien's validity.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board rescinded a previous award and held that the Subsequent Injuries Benefits Trust Fund (SIBTF) is not liable for Jeff Malmuth's lien for vocational rehabilitation costs. The Board found that SIBTF was not a party when the costs were incurred and that the lien's recoverability against Federal Express requires further development of the record regarding the dates of injury and body parts involved in the underlying claims. The case is returned to the trial level for new proceedings and a decision on the lien's validity.

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WANDA AUGUSTINE (Deceased) vs. FEDERAL EXPRESS, SEDGWICK CLAIMS MANAGEMENT SERVICES, THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS (2017) – | CompFox