CompFox AI Summary
In this workers' compensation case, the applicant sustained multiple injuries. The Appeals Board granted reconsideration to clarify the burden of proof for the Labor Code section 4658(d)(2) 15% permanent disability increase. The Board found that while the applicant has an initial burden to show no modified work offer was made, the employer bears the burden of proving they offered modified work or have fewer than 50 employees. Consequently, the case is returned to the trial level for further development of the record on these specific issues.
Full Decision Text1 Pages
In this workers' compensation case, the applicant sustained multiple injuries. The Appeals Board granted reconsideration to clarify the burden of proof for the Labor Code section 4658(d)(2) 15% permanent disability increase. The Board found that while the applicant has an initial burden to show no modified work offer was made, the employer bears the burden of proving they offered modified work or have fewer than 50 employees. Consequently, the case is returned to the trial level for further development of the record on these specific issues.
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