CompFox AI Summary
The Appeals Board granted reconsideration, amending the original award regarding permanent disability indemnity. The primary issue deferred for further development is whether a 15% rate increase under Labor Code section 4658(d)(2) applies, contingent on employer size and failure to offer suitable work. The original findings of a 34% permanent disability and 159 weeks of indemnity remain, but the payment rate is now to be determined. The Board adopted the WCJ's report, which highlighted the need for record development on employer employee count relevant to the rate increase.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, amending the original award regarding permanent disability indemnity. The primary issue deferred for further development is whether a 15% rate increase under Labor Code section 4658(d)(2) applies, contingent on employer size and failure to offer suitable work. The original findings of a 34% permanent disability and 159 weeks of indemnity remain, but the payment rate is now to be determined. The Board adopted the WCJ's report, which highlighted the need for record development on employer employee count relevant to the rate increase.
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