CompFox AI Summary
The Appeals Board denied the defendant's petition for reconsideration, upholding the original award of 34% permanent disability plus a 15% increase under Labor Code § 4658(d)(2) for an industrial back and neck injury sustained by the applicant, a police officer. The Board found the defendant failed to prove that the applicant's termination for cause excused the employer from the duty to offer modified or alternative work. Consequently, the defendant's claim for credit for overpaid benefits was also disallowed.
Full Decision Text1 Pages
The Appeals Board denied the defendant's petition for reconsideration, upholding the original award of 34% permanent disability plus a 15% increase under Labor Code § 4658(d)(2) for an industrial back and neck injury sustained by the applicant, a police officer. The Board found the defendant failed to prove that the applicant's termination for cause excused the employer from the duty to offer modified or alternative work. Consequently, the defendant's claim for credit for overpaid benefits was also disallowed.
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