CompFox AI Summary
This case affirms a prior award finding applicant's permanent disability at 18% and rated under the 2005 Permanent Disability Rating Schedule (PDRS). The Board rejected applicant's challenge to the PDRS's validity, deeming the issue waived as it wasn't raised at trial. Furthermore, the Board affirmed that it cannot rule on a statute's constitutionality without an appellate court ruling, and applicant provided no evidence to rebut the PDRS's presumptive validity.
Full Decision Text1 Pages
This case affirms a prior award finding applicant's permanent disability at 18% and rated under the 2005 Permanent Disability Rating Schedule (PDRS). The Board rejected applicant's challenge to the PDRS's validity, deeming the issue waived as it wasn't raised at trial. Furthermore, the Board affirmed that it cannot rule on a statute's constitutionality without an appellate court ruling, and applicant provided no evidence to rebut the PDRS's presumptive validity.
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