CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's decision. The Board found that the defendant must include projected future cost-of-living adjustments based on the State Average Weekly Wage (SAWW) when calculating the present value of the permanent disability award to determine attorney's fees. The Board affirmed that a 4.7% SAWW adjustment, representing a 50-year average, is a rational basis for these calculations, and the defendant's contention of speculation was unfounded.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's decision. The Board found that the defendant must include projected future cost-of-living adjustments based on the State Average Weekly Wage (SAWW) when calculating the present value of the permanent disability award to determine attorney's fees. The Board affirmed that a 4.7% SAWW adjustment, representing a 50-year average, is a rational basis for these calculations, and the defendant's contention of speculation was unfounded.
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