CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was an interlocutory order, not a final decision on substantive rights or liabilities. The Board also denied the defendant's petition for removal, finding no substantial prejudice or irreparable harm. The original order required further record development to determine an alternate adjustment factor for diminished future earning capacity, as established by Ogilvie cases, and deferred the issue of apportionment. The Board reiterated that the party challenging the scheduled permanent disability rating bears the burden of proof.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was an interlocutory order, not a final decision on substantive rights or liabilities. The Board also denied the defendant's petition for removal, finding no substantial prejudice or irreparable harm. The original order required further record development to determine an alternate adjustment factor for diminished future earning capacity, as established by Ogilvie cases, and deferred the issue of apportionment. The Board reiterated that the party challenging the scheduled permanent disability rating bears the burden of proof.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.