CompFox AI Summary
The Workers' Compensation Appeals Board denied both the applicant's and defendant's petitions for reconsideration of a prior award. The Board affirmed the finding of a $25%$ permanent disability for the applicant's right thumb injury, agreeing with the administrative law judge's reliance on a qualified medical evaluator's opinion which deviated from the standard AMA Guides schedule to more accurately reflect the impairment. The Board also upheld the $15%$ increase in permanent disability benefits, finding the defendant failed to properly document any work offer as required by statute. Finally, the Board noted the defendant failed to raise the issue of a temporary disability overpayment credit during the initial trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied both the applicant's and defendant's petitions for reconsideration of a prior award. The Board affirmed the finding of a $25%$ permanent disability for the applicant's right thumb injury, agreeing with the administrative law judge's reliance on a qualified medical evaluator's opinion which deviated from the standard AMA Guides schedule to more accurately reflect the impairment. The Board also upheld the $15%$ increase in permanent disability benefits, finding the defendant failed to properly document any work offer as required by statute. Finally, the Board noted the defendant failed to raise the issue of a temporary disability overpayment credit during the initial trial.
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