CompFox AI Summary
The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming that the applicant is entitled to permanent temporary disability benefits retroactive to October 19, 2006. The Board found that the employer failed to demonstrate the applicant returned to work or was offered a suitable position after his section 4850 benefits ceased. The applicant's recurrence of cancer, surgery, and subsequent industrial disability retirement supported his inability to return to work. Consequently, the applicant is also entitled to a ten percent penalty for the unpaid retroactive benefits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming that the applicant is entitled to permanent temporary disability benefits retroactive to October 19, 2006. The Board found that the employer failed to demonstrate the applicant returned to work or was offered a suitable position after his section 4850 benefits ceased. The applicant's recurrence of cancer, surgery, and subsequent industrial disability retirement supported his inability to return to work. Consequently, the applicant is also entitled to a ten percent penalty for the unpaid retroactive benefits.
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