CompFox AI Summary
The Appeals Board rescinded the prior award and returned the case to the trial level for further proceedings regarding permanent disability rating. The Judge's reliance on vocational expert testimony to determine Diminished Future Earning Capacity (DFEC) was found inconsistent with recent en banc decisions Almaraz and Ogilvie. These decisions clarify that while the 2005 PDRS is generally binding, specific portions, including DFEC, can be rebutted. The parties may now further develop the record to ensure the permanent disability determination aligns with these precedents.
Full Decision Text1 Pages
The Appeals Board rescinded the prior award and returned the case to the trial level for further proceedings regarding permanent disability rating. The Judge's reliance on vocational expert testimony to determine Diminished Future Earning Capacity (DFEC) was found inconsistent with recent en banc decisions Almaraz and Ogilvie. These decisions clarify that while the 2005 PDRS is generally binding, specific portions, including DFEC, can be rebutted. The parties may now further develop the record to ensure the permanent disability determination aligns with these precedents.
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