CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address defendant's objections regarding the application of the 1997 Permanent Disability Rating Schedule and the calculation of attorney's fees. The Board affirmed the WCJ's findings on the industrial injury and permanent disability, finding no error in applying the 1997 schedule or the amount of the attorney's fee. However, the Board rescinded the specific award and orders concerning attorney's fees to allow the WCJ to re-determine the method of commutation based on the applicant's best interests, potentially using a Uniformly Increasing Reduction Method. The case is returned to the trial level for further proceedings and a new determination on attorney's fees.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address defendant's objections regarding the application of the 1997 Permanent Disability Rating Schedule and the calculation of attorney's fees. The Board affirmed the WCJ's findings on the industrial injury and permanent disability, finding no error in applying the 1997 schedule or the amount of the attorney's fee. However, the Board rescinded the specific award and orders concerning attorney's fees to allow the WCJ to re-determine the method of commutation based on the applicant's best interests, potentially using a Uniformly Increasing Reduction Method. The case is returned to the trial level for further proceedings and a new determination on attorney's fees.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.