CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior award of 100% permanent disability. The WCAB found the prior award, which relied on Labor Code section 4662(b) for a "finding in accordance with the fact," was inconsistent with the recent Fitzpatrick decision. Fitzpatrick mandates that permanent total disability findings must follow the methodology outlined in Labor Code section 4660. The case is remanded for further proceedings consistent with Fitzpatrick, allowing for evaluation of previously unaddressed psychological factors affecting permanent disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior award of 100% permanent disability. The WCAB found the prior award, which relied on Labor Code section 4662(b) for a "finding in accordance with the fact," was inconsistent with the recent Fitzpatrick decision. Fitzpatrick mandates that permanent total disability findings must follow the methodology outlined in Labor Code section 4660. The case is remanded for further proceedings consistent with Fitzpatrick, allowing for evaluation of previously unaddressed psychological factors affecting permanent disability.
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