CompFox AI Summary
The Appeals Board granted reconsideration, affirming the applicant's 100% permanent disability award without apportionment. However, it rescinded the WCJ's penalty against the defendant for unreasonable delay in paying permanent disability benefits. The Board found that there was genuine doubt regarding the applicant's total permanent disability until the doctor's deposition in September 2009, thus the defendant's payment rate prior to that was not unreasonable. Finally, the Board vacated the WCJ's reservation of jurisdiction over COLA increases as the date of injury predates the relevant statute.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, affirming the applicant's 100% permanent disability award without apportionment. However, it rescinded the WCJ's penalty against the defendant for unreasonable delay in paying permanent disability benefits. The Board found that there was genuine doubt regarding the applicant's total permanent disability until the doctor's deposition in September 2009, thus the defendant's payment rate prior to that was not unreasonable. Finally, the Board vacated the WCJ's reservation of jurisdiction over COLA increases as the date of injury predates the relevant statute.
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