> >
Case Name | Industrial Indemnity Co. v. WCAB | |
---|---|---|
Date | 03/13/1985 | |
Note | The Board's statutory interpretation allowing benefits during the qualified injured worker (QIW) evaluation period, provided the employee in good faith presents prima facie evidence justifying a request for rehabilitation, clearly forecloses false claims. Such interpretation is consistent with, and not in conflict with, the statute, and is reasonably necessary to effect the statutory purposes. | |
Citation | B003862 | |
WCC Citation | WCC 34351985 CA |
On June 4, 1981, Elvis Elizondo (applicant) sustained injury in the course of his employment as a journeyman taper by Raymond Interior Systems, insured by Industrial Indemnity Company (Industrial). Industrial failed to reply to applicant's request until March 1982, when its counsel arranged for a job analysis. Industrial appealed the consultant's order to the workers' compensation judge (WCJ), who, after a hearing, issued an order affirming and adopting the consultant's order. Fund, supra, 9 Cal. Workers'Comp. Rptr. 212, Aguja v. Industrial Indemnity Co. (1982) 79 SF 280-205, 10 Cal. Workers'Comp. Rptr. 205, and Mosqueda v. Lear Siegler, Inc. (1983) 81 LA 463-871, 11 Cal. Workers'Comp. Rptr. 252. Section 139. 5 provides in part as follows: "(a) The administrative director shall establish within the Division of Industrial Accidents a rehabilitation unit, which .
Download full case here.
Download full case here.