CompFox AI Summary
The Appeals Board granted reconsideration, affirming the 6% permanent disability award but rescinding a 15% reduction in indemnity. The reduction was improperly applied because the employer failed to offer modified/alternative work within the statutory 60-day window after the applicant reached permanent and stationary status. The Board upheld the WCJ's reliance on the treating physician's report over the QME's for determining the disability level. The employer's offer of work was untimely, thus disqualifying them from the statutory reduction.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, affirming the 6% permanent disability award but rescinding a 15% reduction in indemnity. The reduction was improperly applied because the employer failed to offer modified/alternative work within the statutory 60-day window after the applicant reached permanent and stationary status. The Board upheld the WCJ's reliance on the treating physician's report over the QME's for determining the disability level. The employer's offer of work was untimely, thus disqualifying them from the statutory reduction.
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