CompFox AI Summary
The defendant seeks reconsideration of a permanent disability award, arguing the 15% increase under Labor Code § 4658(d)(2) should only apply to payments made after 60 days from the applicant's permanent and stationary date. The applicant contends the increase applies to the entire award except for the first 60 days' payments due to the employer's untimely offer of modified work. The Appeals Board granted reconsideration, rescinded the prior award, and remanded the case for further proceedings to clarify the application of the 15% increase. The Board noted that prompt permanent disability advances by the employer might exclude those payments from the § 4658(d)(2) calculation.
Full Decision Text1 Pages
The defendant seeks reconsideration of a permanent disability award, arguing the 15% increase under Labor Code § 4658(d)(2) should only apply to payments made after 60 days from the applicant's permanent and stationary date. The applicant contends the increase applies to the entire award except for the first 60 days' payments due to the employer's untimely offer of modified work. The Appeals Board granted reconsideration, rescinded the prior award, and remanded the case for further proceedings to clarify the application of the 15% increase. The Board noted that prompt permanent disability advances by the employer might exclude those payments from the § 4658(d)(2) calculation.
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