CompFox AI Summary
This case concerns a construction laborer who sustained an industrial injury in 2003. The defendant sought reconsideration of the original findings which awarded 100% permanent disability, arguing the incorrect permanent disability rating schedule and AMA guides were applied. The Appeals Board denied reconsideration, affirming the original finding that the pre-2005 PDRS applied due to evidence of permanent disability before January 1, 2005. The Board also found no error in the exclusion of the defendant's defense under Labor Code section 4056 regarding the applicant's refusal of medical treatment, as the defendant failed to prove the elements required. Finally, the Board upheld the substantiality of the applicant's vocational expert's opinion and the treating physician's reports.
Full Decision Text1 Pages
This case concerns a construction laborer who sustained an industrial injury in 2003. The defendant sought reconsideration of the original findings which awarded 100% permanent disability, arguing the incorrect permanent disability rating schedule and AMA guides were applied. The Appeals Board denied reconsideration, affirming the original finding that the pre-2005 PDRS applied due to evidence of permanent disability before January 1, 2005. The Board also found no error in the exclusion of the defendant's defense under Labor Code section 4056 regarding the applicant's refusal of medical treatment, as the defendant failed to prove the elements required. Finally, the Board upheld the substantiality of the applicant's vocational expert's opinion and the treating physician's reports.
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