CompFox AI Summary
The Appeals Board affirmed the WCJ's award of 5% permanent disability for industrial injuries to the applicant's right upper extremity. The applicant's claim for a higher rating based on diminished future earning capacity (DFEC) was rejected because the vocational expert's methodology failed to rebut the presumptive validity of the 2005 Permanent Disability Rating Schedule (PDRS) and did not align with the AMA Guides or empirical data requirements of Labor Code section 4660. The Board found the WCJ's reliance on the PDRS and the treating physician's impairment ratings to be appropriate.
Full Decision Text1 Pages
The Appeals Board affirmed the WCJ's award of 5% permanent disability for industrial injuries to the applicant's right upper extremity. The applicant's claim for a higher rating based on diminished future earning capacity (DFEC) was rejected because the vocational expert's methodology failed to rebut the presumptive validity of the 2005 Permanent Disability Rating Schedule (PDRS) and did not align with the AMA Guides or empirical data requirements of Labor Code section 4660. The Board found the WCJ's reliance on the PDRS and the treating physician's impairment ratings to be appropriate.
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