CompFox AI Summary
The Appeals Board affirmed the WCJ's award of 88% permanent disability and denied the applicant's claim for Subsequent Injuries Fund benefits. However, the Board remanded the case to the trial level for recalculation of the applicant's attorney's fee from life pension payments. This recalculation must commute the fee using the "uniformly increasing reduction" method and a reasonable predicted State Average Weekly Wage increase, accounting for Cost of Living Adjustments. The WCJ's determination of the permanent disability percentage and the denial of SIF benefits were upheld.
Full Decision Text1 Pages
The Appeals Board affirmed the WCJ's award of 88% permanent disability and denied the applicant's claim for Subsequent Injuries Fund benefits. However, the Board remanded the case to the trial level for recalculation of the applicant's attorney's fee from life pension payments. This recalculation must commute the fee using the "uniformly increasing reduction" method and a reasonable predicted State Average Weekly Wage increase, accounting for Cost of Living Adjustments. The WCJ's determination of the permanent disability percentage and the denial of SIF benefits were upheld.
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