CompFox AI Summary
The Third District Court of Appeal has determined that Labor Code section 4660, not 4662(b), governs the calculation of permanent disability ratings. The Court annulled a prior 100% permanent and total disability award, finding it was erroneously based on 4662(b). The Appeals Board granted the defendant's petition for reconsideration and will rescind the original award. The case is returned to the WCJ to issue a new decision consistent with the Court of Appeal's ruling that the undisputed scheduled rating of 99% was not rebutted.
Full Decision Text1 Pages
The Third District Court of Appeal has determined that Labor Code section 4660, not 4662(b), governs the calculation of permanent disability ratings. The Court annulled a prior 100% permanent and total disability award, finding it was erroneously based on 4662(b). The Appeals Board granted the defendant's petition for reconsideration and will rescind the original award. The case is returned to the WCJ to issue a new decision consistent with the Court of Appeal's ruling that the undisputed scheduled rating of 99% was not rebutted.
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