CompFox AI Summary
In this case, the applicant, Julie Mercer, appealed a Workers' Compensation Appeals Board (WCAB) decision that awarded her 93% permanent disability. Mercer argued for permanent total disability (PTD) based on vocational evaluator reports and contended that the prior award improperly apportioned her disability. The WCAB granted reconsideration, finding that both medical and vocational evidence established Mercer's total loss of future earning capacity. Consequently, the WCAB amended the award, finding Mercer 100% permanently totally disabled, entitling her to lifetime indemnity benefits. The Board also found the defendant failed to meet their burden of proof on apportionment.
Full Decision Text1 Pages
In this case, the applicant, Julie Mercer, appealed a Workers' Compensation Appeals Board (WCAB) decision that awarded her 93% permanent disability. Mercer argued for permanent total disability (PTD) based on vocational evaluator reports and contended that the prior award improperly apportioned her disability. The WCAB granted reconsideration, finding that both medical and vocational evidence established Mercer's total loss of future earning capacity. Consequently, the WCAB amended the award, finding Mercer 100% permanently totally disabled, entitling her to lifetime indemnity benefits. The Board also found the defendant failed to meet their burden of proof on apportionment.
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