CompFox AI Summary
This case involves an admitted industrial injury to the applicant's back and hip. The primary dispute concerns the applicant's permanent disability rating, which the trial judge set at 41% based on a vocational expert's opinion on diminished future earning capacity (DFEC). The defendant appealed, arguing the rating was excessive and the expert's opinion improperly applied. The Appeals Board rescinded the original award, remanding the case to the trial level to apply recent en banc decisions regarding the rebuttal of the DFEC and AMA Guides portions of the permanent disability rating schedule. This remand allows for further proceedings to ensure correct application of these established legal standards.
Full Decision Text1 Pages
This case involves an admitted industrial injury to the applicant's back and hip. The primary dispute concerns the applicant's permanent disability rating, which the trial judge set at 41% based on a vocational expert's opinion on diminished future earning capacity (DFEC). The defendant appealed, arguing the rating was excessive and the expert's opinion improperly applied. The Appeals Board rescinded the original award, remanding the case to the trial level to apply recent en banc decisions regarding the rebuttal of the DFEC and AMA Guides portions of the permanent disability rating schedule. This remand allows for further proceedings to ensure correct application of these established legal standards.
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