Garcia, Jose

Jose Garcia, a maintenance crew supervisor for the County of Orange, sustained an industrial injury on February 4, 2014, to his lumbar spine, right hip, and right knee. He recovered $26,000 (net $17,500 after fees/costs) in a third-party settlement, and defendant sought a credit against future workers' compensation benefits. The Board, on reconsideration on its own motion, corrected its prior December 2020 decision to reflect comparative negligence apportioned at 90% to defendant County employees, 5% to third-party truck driver Jeremy Bell, and 5% to applicant. The Board rescinded the WCJ's Findings and Order and replaced it with new findings, holding that the credit determination under Associated Construction must be based on the WCJ's determination of applicant's total civil damages — not the settlement amount. The petition for a third-party credit was deferred pending the WCJ's determination of entitlement using the Associated Construction methodology.