CompFox AI Summary
The Appeals Board vacated the prior award and remanded the case for a new decision on the application of Labor Code sections 4658(d)(2) and (d)(3)(A). The Board clarified that the 60-day period for offering modified work begins when the employer receives notice that the employee's disability is permanent and stationary, not from the physician's opined date. The Board also noted that the employer's offer must be in the form and manner prescribed by the administrative director, raising a question about the validity of an offer lacking a preparer's signature. Finally, the Board affirmed the substantiality of the medical evidence used by the trial judge and instructed the judge to correct a clerical error in attorney's fees.
Full Decision Text1 Pages
The Appeals Board vacated the prior award and remanded the case for a new decision on the application of Labor Code sections 4658(d)(2) and (d)(3)(A). The Board clarified that the 60-day period for offering modified work begins when the employer receives notice that the employee's disability is permanent and stationary, not from the physician's opined date. The Board also noted that the employer's offer must be in the form and manner prescribed by the administrative director, raising a question about the validity of an offer lacking a preparer's signature. Finally, the Board affirmed the substantiality of the medical evidence used by the trial judge and instructed the judge to correct a clerical error in attorney's fees.
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