CompFox AI Summary
The Appeals Board granted reconsideration to defer the award of permanent disability, allowing the WCJ to apply Labor Code section 4658(d) after the defendant failed to offer work. While affirming the 15% permanent disability rating, the Board deferred the calculation of indemnity pending further proceedings on the section 4658(d) adjustment. The applicant had argued the WCJ erred by excluding earnings evidence and failing to apply the section 4658(d)(2) increase. The Board adopted the WCJ's reasoning for excluding the new evidence but agreed with the applicant regarding the work offer requirement.
James Fleming vs. ALCOA FASTENING SYSTEMS, AMERICAN INSURANCE COMPANY is a workers' compensation case decided in . 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 .
Full Decision Text1 Pages
The Appeals Board granted reconsideration to defer the award of permanent disability, allowing the WCJ to apply Labor Code section 4658(d) after the defendant failed to offer work. While affirming the 15% permanent disability rating, the Board deferred the calculation of indemnity pending further proceedings on the section 4658(d) adjustment. The applicant had argued the WCJ erred by excluding earnings evidence and failing to apply the section 4658(d)(2) increase. The Board adopted the WCJ's reasoning for excluding the new evidence but agreed with the applicant regarding the work offer requirement.
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