What the panel ordered
Petition for Reconsideration granted in part; June 15, 2023 Joint Findings of Fact and Award amended to reflect applicant entitled to 85.50 weeks of permanent disability benefits in ADJ8188338.
Petition for Reconsideration filed by defendant Department of Correction Inmate Claims, adjusted by State Compensation Insurance Fund, seeking to overturn June 15, 2023 Joint Findings of Fact and Award regarding permanent disability benefits increase under Labor Code section 4658(d).
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The parties stipulated to the permanent disability rating and the 15% increase under Labor Code section 4658(d), and the Appeals Board declined to overturn the stipulation despite defendant's argument that the increase does not apply to inmate cases.
From the decision · page 2As the WCJ pointed out in his Report, defendant conveniently failed to address that in the Pre-trial Conference Statement as well as in trial, the parties stipulated to the increase found in section 4658(d) and improperly raised this issue for the first time in the Petition. (Pre-trial Conference Statement; Minutes of Hearing/Summary of Evidence (MOH/SOE) dated May 2, 2023, pp. 3:7-9, § 7; 4:11-13, § 7.)