Home/Case Law/THE INDI MARSHALL vs. VISALIA UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES
Regular DecisionReconsideration

THE INDI MARSHALL vs. VISALIA UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

Filed: Jan 21, 2011
ADJ2634372 (OAK 0327509)

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In this case, the applicant, Heidi Marshall, appealed the original findings of her permanent disability rating and the lack of a work offer from her employer, Visalia Unified School District. The Board granted reconsideration, amending the temporary disability award to end on February 5, 2007. Crucially, the Board reversed the original finding on the 15% permanent disability increase under Labor Code section 4658(d)(2), finding that the applicant's retirement was directly caused by her injuries, thus entitling her to the increase despite not having received a work offer. The Board affirmed the WCJ's decision regarding apportionment and the exclusion of the Agreed Medical Examiner's specific impairment percentage.

Full Decision Text1 Pages

In this case, the applicant, Heidi Marshall, appealed the original findings of her permanent disability rating and the lack of a work offer from her employer, Visalia Unified School District. The Board granted reconsideration, amending the temporary disability award to end on February 5, 2007. Crucially, the Board reversed the original finding on the 15% permanent disability increase under Labor Code section 4658(d)(2), finding that the applicant's retirement was directly caused by her injuries, thus entitling her to the increase despite not having received a work offer. The Board affirmed the WCJ's decision regarding apportionment and the exclusion of the Agreed Medical Examiner's specific impairment percentage.

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