CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award and remanding the case for further development of the record. The primary issue was whether vocational experts should have the opportunity to revise their opinions on diminished future earning capacity in light of a recent appellate court decision (Ogilvie III) issued just before trial. The Board found that the vocational reports, based on older law, were outdated and remanding would allow experts to re-evaluate consistent with the new precedent. The Board did not address the applicant's other contentions, including the exclusion of a QME report and the admission of sub rosa video, but noted the WCJ could revisit these issues after further record development.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award and remanding the case for further development of the record. The primary issue was whether vocational experts should have the opportunity to revise their opinions on diminished future earning capacity in light of a recent appellate court decision (Ogilvie III) issued just before trial. The Board found that the vocational reports, based on older law, were outdated and remanding would allow experts to re-evaluate consistent with the new precedent. The Board did not address the applicant's other contentions, including the exclusion of a QME report and the admission of sub rosa video, but noted the WCJ could revisit these issues after further record development.
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