CompFox AI Summary
This case concerns a workers' compensation claim for industrial injury to the applicant's neck and right shoulder. The primary issue on reconsideration was whether the applicant successfully rebutted the Diminished Future Earning Capacity (DFEC) adjustment factor in the Permanent Disability Rating Schedule (PDRS). The Board affirmed the WCJ's finding that the applicant's vocational expert provided sufficient testimony to rebut the PDRS rating for the shoulder injury by focusing on similarly situated workers, as permitted by Ogilvie v. City and County of San Francisco. The Board clarified that this LeBoeuf analysis can apply even with less than 100% permanent disability and does not impermissibly rely on non-industrial factors when assessing DFEC. Therefore, the WCJ's decision awarding future medical treatment and 79% permanent disability is affirmed.
Full Decision Text1 Pages
This case concerns a workers' compensation claim for industrial injury to the applicant's neck and right shoulder. The primary issue on reconsideration was whether the applicant successfully rebutted the Diminished Future Earning Capacity (DFEC) adjustment factor in the Permanent Disability Rating Schedule (PDRS). The Board affirmed the WCJ's finding that the applicant's vocational expert provided sufficient testimony to rebut the PDRS rating for the shoulder injury by focusing on similarly situated workers, as permitted by Ogilvie v. City and County of San Francisco. The Board clarified that this LeBoeuf analysis can apply even with less than 100% permanent disability and does not impermissibly rely on non-industrial factors when assessing DFEC. Therefore, the WCJ's decision awarding future medical treatment and 79% permanent disability is affirmed.
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