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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior award of 100% permanent disability. The WCAB found the prior award, which relied on Labor Code section 4662(b) for a finding in accordance with the fact, was inconsistent with the recent Fitzpatrick decision. Fitzpatrick mandates that permanent total disability findings must follow the methodology outlined in Labor Code section 4660. The case is remanded for further proceedings consistent with Fitzpatrick, allowing for evaluation of previously unaddressed psychological factors affecting permanent disability.
ELLY DAMIAN vs. COUNTY OF SAN MATEO, DEPARTMENT OF BUSINESS PRESS, DEPARTMENT OF BUSINESS ADMINISTRATORS is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior award of 100% permanent disability. The WCAB found the prior award, which relied on Labor Code section 4662(b) for a "finding in accordance with the fact," was inconsistent with the recent Fitzpatrick decision. Fitzpatrick mandates that permanent total disability findings must follow the methodology outlined in Labor Code section 4660. The case is remanded for further proceedings consistent with Fitzpatrick, allowing for evaluation of previously unaddressed psychological factors affecting permanent disability.
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