CompFox AI Summary
This case concerns applicant Gary M. Gilbert's claim for workers' compensation benefits following a right knee injury. The primary dispute centers on the calculation of permanent disability, with applicant arguing the eight percent award was too low. Applicant contended the vocational rehabilitation counselor's testimony regarding loss of future earnings should have been considered, but the administrative law judge excluded this. The Appeals Board granted reconsideration, deferring the permanent disability and attorney's fees issues to allow the trial judge to reconsider in light of precedent on rebutting the 2005 Permanent Disability Rating Schedule.
Full Decision Text1 Pages
This case concerns applicant Gary M. Gilbert's claim for workers' compensation benefits following a right knee injury. The primary dispute centers on the calculation of permanent disability, with applicant arguing the eight percent award was too low. Applicant contended the vocational rehabilitation counselor's testimony regarding loss of future earnings should have been considered, but the administrative law judge excluded this. The Appeals Board granted reconsideration, deferring the permanent disability and attorney's fees issues to allow the trial judge to reconsider in light of precedent on rebutting the 2005 Permanent Disability Rating Schedule.
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