CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the administrative law judge's decision. The judge found the applicant sustained industrial injuries to his left ankle, gastrointestinal system, hypertension, and sleep/sexual dysfunction, resulting in 41% permanent disability and future medical treatment. The Board affirmed the denial of reconsideration, upholding the finding that the defendant failed to rebut the Permanent Disability Rating Schedule by offering no evidence on the diminished future earning capacity factor beyond the applicant's return to the same employer at the same salary. Additionally, the Board ruled that the 10% penalty for delayed benefit payment was properly awarded as the applicant retired prior to the effective date of the statutory amendment that would have relieved the employer of the penalty.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the administrative law judge's decision. The judge found the applicant sustained industrial injuries to his left ankle, gastrointestinal system, hypertension, and sleep/sexual dysfunction, resulting in 41% permanent disability and future medical treatment. The Board affirmed the denial of reconsideration, upholding the finding that the defendant failed to rebut the Permanent Disability Rating Schedule by offering no evidence on the diminished future earning capacity factor beyond the applicant's return to the same employer at the same salary. Additionally, the Board ruled that the 10% penalty for delayed benefit payment was properly awarded as the applicant retired prior to the effective date of the statutory amendment that would have relieved the employer of the penalty.
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