CompFox AI Summary
The Appeals Board affirmed a prior decision awarding 25% permanent disability for industrial injuries to the applicant's left shoulder, neck, left lower arm, and upper back. The applicant contended the judge erred by not developing the medical-legal record regarding her vocational expert and by not awarding a higher disability rating based on vocational expert opinions. The Board found the applicant's vocational expert's opinions unreliable due to misunderstandings of her physical restrictions and other inaccuracies. Therefore, the applicant failed to rebut the scheduled permanent disability rating of 25%.
Full Decision Text1 Pages
The Appeals Board affirmed a prior decision awarding 25% permanent disability for industrial injuries to the applicant's left shoulder, neck, left lower arm, and upper back. The applicant contended the judge erred by not developing the medical-legal record regarding her vocational expert and by not awarding a higher disability rating based on vocational expert opinions. The Board found the applicant's vocational expert's opinions unreliable due to misunderstandings of her physical restrictions and other inaccuracies. Therefore, the applicant failed to rebut the scheduled permanent disability rating of 25%.
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