CompFox AI Summary
The Appeals Board affirmed the WCJ's decision, which found a $55%$ permanent disability rating and a $15%$ increase for the applicant. The Board held that diminished future earning capacity (DFEC), as determined by vocational experts, can rebut the scheduled permanent disability rating, provided impermissible nonindustrial factors are excluded. The applicant's stipulated average weekly wage and CalPERS pension are not determinative of earning capacity, as permanent disability compensates for both physical loss and reduced earning capacity, not directly for lost earnings. The Board clarified that apportionment of permanent disability is the WCAB's duty, not that of a vocational expert.
Full Decision Text1 Pages
The Appeals Board affirmed the WCJ's decision, which found a $55%$ permanent disability rating and a $15%$ increase for the applicant. The Board held that diminished future earning capacity (DFEC), as determined by vocational experts, can rebut the scheduled permanent disability rating, provided impermissible nonindustrial factors are excluded. The applicant's stipulated average weekly wage and CalPERS pension are not determinative of earning capacity, as permanent disability compensates for both physical loss and reduced earning capacity, not directly for lost earnings. The Board clarified that apportionment of permanent disability is the WCAB's duty, not that of a vocational expert.
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