CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a prior award of 25% permanent disability to the applicant. The defendant argued for a 15% reduction in weekly payments based on an alleged offer of regular work, but failed to present evidence of this offer or properly raise the issue during trial. The Board found no evidence in the record of the required notice being sent or admitted, and the defendant did not list this issue in the pre-trial conference statement. Therefore, the Board concluded the defendant failed to support its claim for a reduction in benefits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a prior award of 25% permanent disability to the applicant. The defendant argued for a 15% reduction in weekly payments based on an alleged offer of regular work, but failed to present evidence of this offer or properly raise the issue during trial. The Board found no evidence in the record of the required notice being sent or admitted, and the defendant did not list this issue in the pre-trial conference statement. Therefore, the Board concluded the defendant failed to support its claim for a reduction in benefits.
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