CompFox AI Summary
In this workers' compensation case, the Appeals Board granted reconsideration to address the defendant's contention that the applicant's average weekly earnings were incorrectly calculated. The Board found the record inadequate to determine the applicant's earning capacity, particularly concerning his status as a seasonal worker paid by piecework. Consequently, the matter is returned to the trial level for further development of the record on average weekly earnings. The Board did not find error in the reliance on the treating physician's medical opinion for permanent disability.
Full Decision Text1 Pages
In this workers' compensation case, the Appeals Board granted reconsideration to address the defendant's contention that the applicant's average weekly earnings were incorrectly calculated. The Board found the record inadequate to determine the applicant's earning capacity, particularly concerning his status as a seasonal worker paid by piecework. Consequently, the matter is returned to the trial level for further development of the record on average weekly earnings. The Board did not find error in the reliance on the treating physician's medical opinion for permanent disability.
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