CompFox AI Summary
This case involved a dispute over the applicant's permanent disability rating, which the WCJ set at 60% based on a vocational expert's diminished future earning capacity opinion, deviating from the standard 2005 Schedule. The defendant appealed, arguing the expert's opinion lacked substantial evidence and that permanent disability cannot solely be based on diminished earning capacity. Ultimately, the Appeals Board rescinded the original award and remanded the case to consider a proposed compromise and release agreement due to potential future medical needs and Medicare/Social Security liability concerns.
Full Decision Text1 Pages
This case involved a dispute over the applicant's permanent disability rating, which the WCJ set at 60% based on a vocational expert's diminished future earning capacity opinion, deviating from the standard 2005 Schedule. The defendant appealed, arguing the expert's opinion lacked substantial evidence and that permanent disability cannot solely be based on diminished earning capacity. Ultimately, the Appeals Board rescinded the original award and remanded the case to consider a proposed compromise and release agreement due to potential future medical needs and Medicare/Social Security liability concerns.
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