CompFox AI Summary
This case involves applicant Josefina Funes, who sustained industrial injuries to her carpal tunnels and shoulder. The WCJ previously awarded 33% permanent disability, finding the scheduled rating of 5% disproportionate. The defendants petitioned for reconsideration, arguing the WCJ erred in rebutting the 2005 Permanent Disability Rating Schedule. The Appeals Board, referencing its en banc decisions in Almaraz and Ogilvie, amended the WCJ's decision. The issues of permanent disability and attorney's fees are deferred and returned to the trial level for further proceedings and decision consistent with the new guidance.
Full Decision Text1 Pages
This case involves applicant Josefina Funes, who sustained industrial injuries to her carpal tunnels and shoulder. The WCJ previously awarded 33% permanent disability, finding the scheduled rating of 5% disproportionate. The defendants petitioned for reconsideration, arguing the WCJ erred in rebutting the 2005 Permanent Disability Rating Schedule. The Appeals Board, referencing its en banc decisions in Almaraz and Ogilvie, amended the WCJ's decision. The issues of permanent disability and attorney's fees are deferred and returned to the trial level for further proceedings and decision consistent with the new guidance.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.