CompFox AI Summary
This case returns to the trial level for further proceedings and a new decision. The Workers' Compensation Appeals Board rescinded the original Findings and Award due to the administrative law judge (ALJ) failing to properly determine whether the diminished future earning capacity (DFEC) portion of the 2005 rating schedule had been rebutted. Guidance from a recent Appeals Board decision, Ogilvie v. City and County of San Francisco, will be applied to this determination. The issue of the Employment Development Department's lien will also be addressed at the trial level.
Full Decision Text1 Pages
This case returns to the trial level for further proceedings and a new decision. The Workers' Compensation Appeals Board rescinded the original Findings and Award due to the administrative law judge (ALJ) failing to properly determine whether the diminished future earning capacity (DFEC) portion of the 2005 rating schedule had been rebutted. Guidance from a recent Appeals Board decision, Ogilvie v. City and County of San Francisco, will be applied to this determination. The issue of the Employment Development Department's lien will also be addressed at the trial level.
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