CompFox AI Summary
The Board denied the defendant's Petition for Reconsideration, affirming the WCJ's award of temporary disability indemnity benefits. The defendant's argument that the applicant abandoned modified work was rejected because the offered modified work lacked crucial details about physical demands and was not reviewed by the applicant's treating physician. Additionally, the Board upheld the WCJ's calculation of average weekly earnings, finding that earning capacity is a dynamic assessment not limited to actual earnings at the precise moment of injury.
Full Decision Text1 Pages
The Board denied the defendant's Petition for Reconsideration, affirming the WCJ's award of temporary disability indemnity benefits. The defendant's argument that the applicant abandoned modified work was rejected because the offered modified work lacked crucial details about physical demands and was not reviewed by the applicant's treating physician. Additionally, the Board upheld the WCJ's calculation of average weekly earnings, finding that earning capacity is a dynamic assessment not limited to actual earnings at the precise moment of injury.
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