CompFox AI Summary
The defendant sought reconsideration of an award, arguing the WCJ improperly applied a 15% permanent disability increase under Labor Code § 4658(d)(2) without it being an issue at trial. The Board granted reconsideration, finding that while the issue was implicitly raised, the WCJ failed to make necessary factual findings regarding the conditions for the § 4658(d)(2) adjustment. The case was returned to the trial level for further proceedings to determine the applicability of the adjustment.
Full Decision Text1 Pages
The defendant sought reconsideration of an award, arguing the WCJ improperly applied a 15% permanent disability increase under Labor Code § 4658(d)(2) without it being an issue at trial. The Board granted reconsideration, finding that while the issue was implicitly raised, the WCJ failed to make necessary factual findings regarding the conditions for the § 4658(d)(2) adjustment. The case was returned to the trial level for further proceedings to determine the applicability of the adjustment.
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