CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and amended the original award. The WCJ had found the applicant sustained a 100% permanent disability and was entitled to a 15% increase in indemnity under Labor Code section 4658(d) for the employer's failure to offer work. However, the Board determined that Labor Code section 4658(d)'s provisions, including the 15% increase, do not apply to awards of 100% permanent disability. Therefore, the applicant is not entitled to the 15% increase in permanent disability indemnity.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and amended the original award. The WCJ had found the applicant sustained a 100% permanent disability and was entitled to a 15% increase in indemnity under Labor Code section 4658(d) for the employer's failure to offer work. However, the Board determined that Labor Code section 4658(d)'s provisions, including the 15% increase, do not apply to awards of 100% permanent disability. Therefore, the applicant is not entitled to the 15% increase in permanent disability indemnity.
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