CompFox AI Summary
The Workers' Compensation Appeals Board affirmed an amended award concerning permanent disability indemnity for applicant Richard Santor. The Board found that the employer's initial offer of regular work, made before the applicant was declared permanent and stationary, satisfied the statutory purpose of returning employees to work. However, following a subsequent exacerbation of injury and a second permanent and stationary date, the employer failed to make a timely offer of modified work. Consequently, the Board ordered a 15% increase in permanent disability payments effective May 11, 2011, and a 10% penalty on those increased payments, reversing the WCJ's decision to strike the decrease in payments during an earlier period.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed an amended award concerning permanent disability indemnity for applicant Richard Santor. The Board found that the employer's initial offer of regular work, made before the applicant was declared permanent and stationary, satisfied the statutory purpose of returning employees to work. However, following a subsequent exacerbation of injury and a second permanent and stationary date, the employer failed to make a timely offer of modified work. Consequently, the Board ordered a 15% increase in permanent disability payments effective May 11, 2011, and a 10% penalty on those increased payments, reversing the WCJ's decision to strike the decrease in payments during an earlier period.
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