CompFox AI Summary
Both applicant and defendant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded the applicant $85%$ permanent disability for an industrial injury. The applicant argued for a higher occupational group number, while the defendant contended the WCJ erred in not apportioning permanent disability for the heart injury and in failing to consider overlapping restrictions. The WCAB denied both petitions, adopting the judge's report and emphasizing that applicant's life pension must be adjusted annually for cost-of-living increases per Labor Code section 4659(c). The Board noted that the specific application of this COLA provision was pending before the California Supreme Court.
Full Decision Text1 Pages
Both applicant and defendant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded the applicant $85%$ permanent disability for an industrial injury. The applicant argued for a higher occupational group number, while the defendant contended the WCJ erred in not apportioning permanent disability for the heart injury and in failing to consider overlapping restrictions. The WCAB denied both petitions, adopting the judge's report and emphasizing that applicant's life pension must be adjusted annually for cost-of-living increases per Labor Code section 4659(c). The Board noted that the specific application of this COLA provision was pending before the California Supreme Court.
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