CompFox AI Summary
This case concerns a seasonal worker who sustained an industrial injury to her right shoulder and cervical spine. The defendant sought reconsideration of the permanent disability rate awarded by the WCJ, arguing it was miscalculated for a seasonal employee. The Appeals Board granted reconsideration, finding the WCJ erred in calculating the rate by focusing solely on in-season earnings. The Board amended the award, establishing the permanent disability rate based on the applicant's actual annual earnings, which resulted in a lower rate than initially awarded.
Full Decision Text1 Pages
This case concerns a seasonal worker who sustained an industrial injury to her right shoulder and cervical spine. The defendant sought reconsideration of the permanent disability rate awarded by the WCJ, arguing it was miscalculated for a seasonal employee. The Appeals Board granted reconsideration, finding the WCJ erred in calculating the rate by focusing solely on in-season earnings. The Board amended the award, establishing the permanent disability rate based on the applicant's actual annual earnings, which resulted in a lower rate than initially awarded.
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