What the panel ordered
Findings and Order of October 29, 2018 rescinded and replaced; defendant's petition for third-party credit deferred pending WCJ determination under Associated Construction method.
Decision after Reconsideration correcting prior December 21, 2020 decision and rescinding WCJ Findings and Order of October 29, 2018, replacing it with new Findings and Order.
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 board corrected the prior decision to accurately reflect the comparative negligence percentages of the parties involved, including the applicant, third-party truck driver, and defendant employer, and clarified the method for calculating third-party credit based on total damages rather than settlement amount, leading to a mixed outcome with deferred credit determination.
From the decision · page 1We issued an Opinion and Order Granting Petition for Reconsideration on Board Motion in this matter on February 18, 2021 (February Order) to study further the legal and factual issues raised by the Petition for Reconsideration. (Lab. Code, § 5900(b).) This is our Opinion and Decision after Reconsideration.