CompFox AI Summary
This case involves Estella Nunez, who sustained industrial injuries to her neck, back, psyche, and shoulders. Initially awarded 80% permanent disability, the applicant contested this, arguing for 100% permanent disability based on evidence of total inability to compete in the open labor market. The Appeals Board granted reconsideration, finding that the unanimous vocational evidence of the applicant's inability to benefit from rehabilitation, coupled with the WCJ's finding of inability to return to the labor market, rebutted the scheduled rating. Consequently, the Board amended the award to reflect 100% permanent total disability and returned the matter for a new award.
Full Decision Text1 Pages
This case involves Estella Nunez, who sustained industrial injuries to her neck, back, psyche, and shoulders. Initially awarded 80% permanent disability, the applicant contested this, arguing for 100% permanent disability based on evidence of total inability to compete in the open labor market. The Appeals Board granted reconsideration, finding that the unanimous vocational evidence of the applicant's inability to benefit from rehabilitation, coupled with the WCJ's finding of inability to return to the labor market, rebutted the scheduled rating. Consequently, the Board amended the award to reflect 100% permanent total disability and returned the matter for a new award.
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