VERN BOTTS vs. ORANGE COUNTY TRANSPORTATION AUTHORITY, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration of an award finding an applicant sustained industrial injuries causing permanent disability. The defendant argued the administrative law judge erred by failing to account for a prior award and non-industrial factors in the current disability rating. Crucially, the Board rescinded the award, remanding the case to the trial level. This is to further develop the record specifically on whether the applicant rebutted the diminished future earning capacity factor, as interpreted by the recent Ogilvie III decision.