CHUCK CHAN vs. FEDERATED DEPARTMENT STORES, FEDERATED CLAIMS SERVICE GROUP/MACY'S CORPORATE SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the findings and award. The applicant argued the permanent disability rating was too high due to apportionment and that the employer was improperly credited for private disability benefits. The Board adopted the judge's report, finding that apportionment was based on more persuasive evidence than the applicant's testimony and that the credit issue would be clarified at the trial level, with the possibility of zero credit if the benefits were indeed privately purchased. Jurisdiction was reserved regarding the exact credit amount.