CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought to overturn a prior decision that found injury to specific body parts and awarded $42%$ permanent disability after apportionment, while also allowing credit for temporary disability overpayments. Applicant's arguments included issues with the apportionment process, credit for overpayments, average weekly wage calculation, improper evidence service, and the inclusion of pain and IBS in the award. The Board adopted the Judge's report recommending denial, finding substantial justice did not require further record development. A dissenting commissioner believed the matter should be remanded for further evaluation of a $3%$ pain add-on.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought to overturn a prior decision that found injury to specific body parts and awarded $42%$ permanent disability after apportionment, while also allowing credit for temporary disability overpayments. Applicant's arguments included issues with the apportionment process, credit for overpayments, average weekly wage calculation, improper evidence service, and the inclusion of pain and IBS in the award. The Board adopted the Judge's report recommending denial, finding substantial justice did not require further record development. A dissenting commissioner believed the matter should be remanded for further evaluation of a $3%$ pain add-on.
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