CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision regarding Daniel Ortiz's permanent disability claims. The applicant argued the WCJ erred by using a lower standard rating for new and further disability and by improperly apportioning disability. The Board agreed that the prior stipulated award's 30% standard rating must be the starting point for new and further disability and that the WCJ cannot alter the prior award. Therefore, the Board returned the cases to the trial level for new permanent disability ratings, deferring the existing awards.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision regarding Daniel Ortiz's permanent disability claims. The applicant argued the WCJ erred by using a lower standard rating for new and further disability and by improperly apportioning disability. The Board agreed that the prior stipulated award's 30% standard rating must be the starting point for new and further disability and that the WCJ cannot alter the prior award. Therefore, the Board returned the cases to the trial level for new permanent disability ratings, deferring the existing awards.
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