CompFox AI Summary
This case concerns a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) award finding the applicant $100%$ totally permanently disabled. The defendant challenged the $100%$ disability rating, permanent and stationary date, apportionment, discovery denials, and attorney fee calculation. The WCAB granted reconsideration to address the weekly permanent disability rate and attorney fee, based on a prior commutation, but affirmed the $100%$ disability finding as supported by substantial medical evidence from the Agreed Medical Examiner. Discovery denials were upheld due to lack of diligence, and the functional capacity evaluation was excluded as hearsay.
Full Decision Text1 Pages
This case concerns a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) award finding the applicant $100%$ totally permanently disabled. The defendant challenged the $100%$ disability rating, permanent and stationary date, apportionment, discovery denials, and attorney fee calculation. The WCAB granted reconsideration to address the weekly permanent disability rate and attorney fee, based on a prior commutation, but affirmed the $100%$ disability finding as supported by substantial medical evidence from the Agreed Medical Examiner. Discovery denials were upheld due to lack of diligence, and the functional capacity evaluation was excluded as hearsay.
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