CompFox AI Summary
This Workers' Compensation Appeals Board decision rescinds a prior award of total permanent disability due to insufficient evidence on the applicant's amenability to vocational rehabilitation. While vocational experts opined the applicant couldn't compete in the labor market, their reports did not adequately address rehabilitation potential. The case is remanded to the trial level for further development of the record on rehabilitation and a new decision regarding permanent disability, either by rebutting the scheduled rating or proving total disability under Labor Code section 4662(b).
Full Decision Text1 Pages
This Workers' Compensation Appeals Board decision rescinds a prior award of total permanent disability due to insufficient evidence on the applicant's amenability to vocational rehabilitation. While vocational experts opined the applicant couldn't compete in the labor market, their reports did not adequately address rehabilitation potential. The case is remanded to the trial level for further development of the record on rehabilitation and a new decision regarding permanent disability, either by rebutting the scheduled rating or proving total disability under Labor Code section 4662(b).
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.