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The Workers' Compensation Appeals Board (WCAB) rescinded a prior award and returned the case to the trial level for further proceedings. The applicant, injured in 2004, argued the 2005 permanent disability schedule inadequately addressed her diminished future earning capacity. Citing its recent en banc decisions in Almaraz/Guzman and Ogilvie, the WCAB found these decisions established that both the AMA Guides and the diminished future earning capacity (DFEC) portions of the 2005 Schedule are rebuttable. The case was remanded for further consideration of the applicant's arguments in light of these binding precedents.
PAM ELLIOTT vs. MOSAIC SALES SOLUTIONS, THE HARTFORD is a workers' compensation case decided in San Francisco. 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 San Francisco.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded a prior award and returned the case to the trial level for further proceedings. The applicant, injured in 2004, argued the 2005 permanent disability schedule inadequately addressed her diminished future earning capacity. Citing its recent en banc decisions in Almaraz/Guzman and Ogilvie, the WCAB found these decisions established that both the AMA Guides and the diminished future earning capacity (DFEC) portions of the 2005 Schedule are rebuttable. The case was remanded for further consideration of the applicant's arguments in light of these binding precedents.
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