CompFox AI Summary
The Workers' Compensation Appeals Board rescinded the prior award, finding the judge failed to adequately analyze the applicant's post-injury earnings loss under the Ogilvie standard. The applicant must prove that their earnings loss is directly caused by the industrial injury, not unrelated factors like psychiatric conditions or voluntary retirement. VA and Social Security disability benefits are not considered "earnings" for these calculations. The case is remanded for a proper Ogilvie analysis of the causes of the applicant's earning capacity.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded the prior award, finding the judge failed to adequately analyze the applicant's post-injury earnings loss under the Ogilvie standard. The applicant must prove that their earnings loss is directly caused by the industrial injury, not unrelated factors like psychiatric conditions or voluntary retirement. VA and Social Security disability benefits are not considered "earnings" for these calculations. The case is remanded for a proper Ogilvie analysis of the causes of the applicant's earning capacity.
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