CompFox AI Summary
This case involves a dispute over permanent disability benefits for an applicant who sustained industrial injuries to his bilateral upper extremities and cervical spine. The original award found 73% permanent disability, but both applicant and defendant sought reconsideration. The applicant argued the indemnity and life pension rates were incorrectly calculated and the award failed to address Labor Code section 4658(d) adjustments. The defendant contended the 73% rating was too high by including upper extremity strength loss. The Appeals Board granted reconsideration for the applicant, rescinded the original award, and deferred the issues of permanent disability rate, life pension, section 4658(d) adjustment, and attorney fees for further proceedings at the trial level, while denying the defendant's reconsideration request.
Full Decision Text1 Pages
This case involves a dispute over permanent disability benefits for an applicant who sustained industrial injuries to his bilateral upper extremities and cervical spine. The original award found 73% permanent disability, but both applicant and defendant sought reconsideration. The applicant argued the indemnity and life pension rates were incorrectly calculated and the award failed to address Labor Code section 4658(d) adjustments. The defendant contended the 73% rating was too high by including upper extremity strength loss. The Appeals Board granted reconsideration for the applicant, rescinded the original award, and deferred the issues of permanent disability rate, life pension, section 4658(d) adjustment, and attorney fees for further proceedings at the trial level, while denying the defendant's reconsideration request.
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