CompFox AI Summary
This case involves a dispute over a 15% reduction in permanent disability indemnity under Labor Code section 4658(d)(3)(a). The defendant, City of Sebastopol, argued the applicant's prior treating physician's reports did not definitively establish maximum medical improvement, thus negating their obligation to make an estimate of permanent disability before offering modified work. The Appeals Board granted reconsideration, finding the defendant was indeed entitled to the reduction, as the medical reports lacked a specific WPI rating and relied on physician judgment. Consequently, the permanent disability award was reduced by 15%.
Full Decision Text1 Pages
This case involves a dispute over a 15% reduction in permanent disability indemnity under Labor Code section 4658(d)(3)(a). The defendant, City of Sebastopol, argued the applicant's prior treating physician's reports did not definitively establish maximum medical improvement, thus negating their obligation to make an estimate of permanent disability before offering modified work. The Appeals Board granted reconsideration, finding the defendant was indeed entitled to the reduction, as the medical reports lacked a specific WPI rating and relied on physician judgment. Consequently, the permanent disability award was reduced by 15%.
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