CompFox AI Summary
Defendant sought reconsideration of a prior decision that granted the applicant temporary total disability. Defendant contended that the applicant's testimony about her intent to work after retirement was inconsistent and vague, and she failed to meet her burden of proof. The Appeals Board granted the defendant's petition, finding applicant's testimony reasonable under the circumstances and clarifying that, as a non-seasonal employee, she did not carry the burden of proving retained earnings capacity. The matter was returned to the trial level solely to address reasonable attorney fees.
Full Decision Text1 Pages
Defendant sought reconsideration of a prior decision that granted the applicant temporary total disability. Defendant contended that the applicant's testimony about her intent to work after retirement was inconsistent and vague, and she failed to meet her burden of proof. The Appeals Board granted the defendant's petition, finding applicant's testimony reasonable under the circumstances and clarifying that, as a non-seasonal employee, she did not carry the burden of proving retained earnings capacity. The matter was returned to the trial level solely to address reasonable attorney fees.
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