CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding applicant Maria Puentes' permanent disability. The Board found the administrative law judge erred in excluding vocational expert testimony due to a rule violation and in failing to adequately address the Labor Code section 4658(d)(2) increase in compensation. The case is returned to the trial level for further proceedings to develop the record on these issues, including the applicant's burden to rebut the diminished future earning capacity component. The Board also noted a need for clarification regarding which case number the original findings applied to.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding applicant Maria Puentes' permanent disability. The Board found the administrative law judge erred in excluding vocational expert testimony due to a rule violation and in failing to adequately address the Labor Code section 4658(d)(2) increase in compensation. The case is returned to the trial level for further proceedings to develop the record on these issues, including the applicant's burden to rebut the diminished future earning capacity component. The Board also noted a need for clarification regarding which case number the original findings applied to.
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