CompFox AI Summary
The Workers' Compensation Appeals Board rescinded a prior award finding the applicant incurred a 62% permanent disability due to a low back injury. The Board remanded the case to develop the record on whether the applicant is amenable to vocational rehabilitation and its effect on his diminished future earning capacity. The Board also questioned the applicant's vocational expert's exclusion of actual post-injury earnings, which were substantial, in favor of hypothetical lower wage rates. This development is necessary to properly evaluate if the scheduled permanent disability rating has been rebutted.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded a prior award finding the applicant incurred a 62% permanent disability due to a low back injury. The Board remanded the case to develop the record on whether the applicant is amenable to vocational rehabilitation and its effect on his diminished future earning capacity. The Board also questioned the applicant's vocational expert's exclusion of actual post-injury earnings, which were substantial, in favor of hypothetical lower wage rates. This development is necessary to properly evaluate if the scheduled permanent disability rating has been rebutted.
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