CompFox AI Summary
The Appeals Board granted reconsideration, affirming most of the original Findings and Award (F&A) but deferring the issues of penalties and an increase under Labor Code § 4658(d)(2). The Board found that the defendant waived objections to medical evidence and the pre-trial statement by failing to raise them at trial. The calculation of the applicant's average weekly earnings was upheld as proper. The matter is returned to the trial level for further proceedings and a new decision on the deferred issues of penalties and the § 4658(d)(2) increase.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, affirming most of the original Findings and Award (F&A) but deferring the issues of penalties and an increase under Labor Code § 4658(d)(2). The Board found that the defendant waived objections to medical evidence and the pre-trial statement by failing to raise them at trial. The calculation of the applicant's average weekly earnings was upheld as proper. The matter is returned to the trial level for further proceedings and a new decision on the deferred issues of penalties and the § 4658(d)(2) increase.
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