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This case returns to the trial level for further proceedings and a new decision. The Workers' Compensation Appeals Board rescinded the original Findings and Award due to the administrative law judge (ALJ) failing to properly determine whether the diminished future earning capacity (DFEC) portion of the 2005 rating schedule had been rebutted. Guidance from a recent Appeals Board decision, Ogilvie v. City and County of San Francisco, will be applied to this determination. The issue of the Employment Development Department's lien will also be addressed at the trial level.
MICHAEL BENKO vs. EMCOR/MARELICH MECHANICAL, SPECIALTY RISK SERVICES is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
This case returns to the trial level for further proceedings and a new decision. The Workers' Compensation Appeals Board rescinded the original Findings and Award due to the administrative law judge (ALJ) failing to properly determine whether the diminished future earning capacity (DFEC) portion of the 2005 rating schedule had been rebutted. Guidance from a recent Appeals Board decision, Ogilvie v. City and County of San Francisco, will be applied to this determination. The issue of the Employment Development Department's lien will also be addressed at the trial level.
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