Home/Case Law/Warren Brower, Applicant vs. David Jones Construction, State Compensation Insurance Fund
Significant DecisionEn Banc

Warren Brower, Applicant vs. David Jones Construction, State Compensation Insurance Fund

Filed: May 21, 2014
San Jose
ADJ802221

CompFox AI Summary

This en banc decision holds that when temporary disability payments cease due to the statutory 104-week cap, permanent disability indemnity payments must commence based on a reasonable estimate, even if the injured worker is not yet permanent and stationary. If the worker is later found to be permanently totally disabled, the payments are adjusted retroactively to the permanent total disability rate.

Full Decision Text1 Pages

This en banc decision holds that when temporary disability payments cease due to the statutory 104-week cap, permanent disability indemnity payments must commence based on a reasonable estimate, even if the injured worker is not yet permanent and stationary. If the worker is later found to be permanently totally disabled, the payments are adjusted retroactively to the permanent total disability rate.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Warren Brower, Applicant vs. David Jones Construction, State Compensation Insurance Fund (2014) – San Jose | CompFox