CompFox AI Summary
This case returns to the WCAB following a court remittitur, directing reconsideration based on the Baker decision. The Baker ruling clarified that Cost of Living Adjustments (COLAs) under Labor Code section 4659(c) are applied prospectively from the January 1st following entitlement. For this applicant's total permanent disability, permanent and stationary status and benefit commencement were April 26, 2008, entitling them to the COLA from January 1, 2009. Consequently, the WCAB granted reconsideration, affirmed the original award except for substituted findings regarding the COLA start date, and deferred the attorney's fees issue for trial level determination.
Full Decision Text1 Pages
This case returns to the WCAB following a court remittitur, directing reconsideration based on the Baker decision. The Baker ruling clarified that Cost of Living Adjustments (COLAs) under Labor Code section 4659(c) are applied prospectively from the January 1st following entitlement. For this applicant's total permanent disability, permanent and stationary status and benefit commencement were April 26, 2008, entitling them to the COLA from January 1, 2009. Consequently, the WCAB granted reconsideration, affirmed the original award except for substituted findings regarding the COLA start date, and deferred the attorney's fees issue for trial level determination.
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