CompFox AI Summary
This case involves an applicant seeking workers' compensation benefits for injuries to his left shoulder, lumbar spine, right hip, and left elbow. The defendant sought reconsideration of the initial award, arguing the $36%$ permanent disability award should only be paid over 173 weeks and that the Labor Code section 4658(d)(2) increase was unwarranted. The Appeals Board amended the award to reflect 173 weeks for the permanent disability and affirmed the $4658(d)(2)$ increase, finding the defendant failed to comply with statutory notice requirements for return-to-work offers after the applicant's medical condition became permanent and stationary, despite the applicant's brief return to work. One Commissioner dissented, arguing the $4658(d)(2)$ increase should not apply as the defendant's failure to issue a second notice was form over substance given the applicant was already working full duty.
Full Decision Text1 Pages
This case involves an applicant seeking workers' compensation benefits for injuries to his left shoulder, lumbar spine, right hip, and left elbow. The defendant sought reconsideration of the initial award, arguing the $36%$ permanent disability award should only be paid over 173 weeks and that the Labor Code section 4658(d)(2) increase was unwarranted. The Appeals Board amended the award to reflect 173 weeks for the permanent disability and affirmed the $4658(d)(2)$ increase, finding the defendant failed to comply with statutory notice requirements for return-to-work offers after the applicant's medical condition became permanent and stationary, despite the applicant's brief return to work. One Commissioner dissented, arguing the $4658(d)(2)$ increase should not apply as the defendant's failure to issue a second notice was form over substance given the applicant was already working full duty.
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