CompFox AI Summary
The Appeals Board granted reconsideration, rescinding the prior award, to find the applicant's psyche claim barred due to insufficient employment duration and the lack of a "sudden and extraordinary" event as required by Labor Code section 3208.3(d). The case is returned to the WCJ for further proceedings to develop the record regarding the applicant's back injury, causation, apportionment, and permanent and stationary date, and to recalculate attorney fees. The applicant's earnings were found to support a compensation rate of $134.17 per week for both temporary and permanent disability.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, rescinding the prior award, to find the applicant's psyche claim barred due to insufficient employment duration and the lack of a "sudden and extraordinary" event as required by Labor Code section 3208.3(d). The case is returned to the WCJ for further proceedings to develop the record regarding the applicant's back injury, causation, apportionment, and permanent and stationary date, and to recalculate attorney fees. The applicant's earnings were found to support a compensation rate of $134.17 per week for both temporary and permanent disability.
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