CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's challenges to a prior award. The administrative law judge had determined a $42%$ permanent disability rating by rebutting the diminished future earning capacity (DFEC) provisions of the 2005 Schedule. However, the Board rescinded the award, remanding the case due to the WCJ's failure to follow the procedural requirements for rebutting the DFEC established in the en banc decision of Ogilvie. The Board emphasized that the WCJ must follow Ogilvie and may also consider further evidence on AMA Guides rebuttal issues consistent with Almaraz.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's challenges to a prior award. The administrative law judge had determined a $42%$ permanent disability rating by rebutting the diminished future earning capacity (DFEC) provisions of the 2005 Schedule. However, the Board rescinded the award, remanding the case due to the WCJ's failure to follow the procedural requirements for rebutting the DFEC established in the en banc decision of Ogilvie. The Board emphasized that the WCJ must follow Ogilvie and may also consider further evidence on AMA Guides rebuttal issues consistent with Almaraz.
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