CompFox AI Summary
This case concerns an applicant's permanent disability benefits following an industrial injury. The Court of Appeal held that to rebut the 2005 rating schedule's earning capacity adjustment, an employee must demonstrate specific errors in the formula, data, or resulting calculation, or show the rating is inadequate for the injury's impact. The Court reversed a prior award and remanded the matter to the Appeals Board. The Appeals Board rescinded the original award and remanded to the WCJ for a new decision consistent with the Court of Appeal's opinion, allowing for further proceedings.
Full Decision Text1 Pages
This case concerns an applicant's permanent disability benefits following an industrial injury. The Court of Appeal held that to rebut the 2005 rating schedule's earning capacity adjustment, an employee must demonstrate specific errors in the formula, data, or resulting calculation, or show the rating is inadequate for the injury's impact. The Court reversed a prior award and remanded the matter to the Appeals Board. The Appeals Board rescinded the original award and remanded to the WCJ for a new decision consistent with the Court of Appeal's opinion, allowing for further proceedings.
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