CompFox AI Summary
This case involves a deli manager injured in 2004, claiming 82% permanent disability and rebuttal of the Diminished Future Earning Capacity (DFEC) factor based on previous Appeals Board rulings. The defendant argued against the rebuttal and challenged the applicant's average weekly earnings calculation. The Appeals Board rescinded the original award and remanded the case for further proceedings. This is due to subsequent Supreme Court and Court of Appeal decisions, specifically Baker and Ogilvie III, which impact the proper application of permanent disability ratings and earnings calculations. The judge must now reconsider these issues in light of the new legal precedents.
Full Decision Text1 Pages
This case involves a deli manager injured in 2004, claiming 82% permanent disability and rebuttal of the Diminished Future Earning Capacity (DFEC) factor based on previous Appeals Board rulings. The defendant argued against the rebuttal and challenged the applicant's average weekly earnings calculation. The Appeals Board rescinded the original award and remanded the case for further proceedings. This is due to subsequent Supreme Court and Court of Appeal decisions, specifically Baker and Ogilvie III, which impact the proper application of permanent disability ratings and earnings calculations. The judge must now reconsider these issues in light of the new legal precedents.
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