CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a prior award finding the applicant entitled to vocational rehabilitation benefits. The defendant appealed this award, arguing insufficient evidence of the applicant's qualified injured worker status and improper awarding of maintenance allowance at the temporary disability rate after the repeal of Labor Code Section 139.5. The Board rescinded the previous award and returned the case to the trial level for further proceedings, citing the need to address the impact of the repeal of Section 139.5 and related en banc decisions. The Board also encouraged informal resolution of the disputed issues.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a prior award finding the applicant entitled to vocational rehabilitation benefits. The defendant appealed this award, arguing insufficient evidence of the applicant's qualified injured worker status and improper awarding of maintenance allowance at the temporary disability rate after the repeal of Labor Code Section 139.5. The Board rescinded the previous award and returned the case to the trial level for further proceedings, citing the need to address the impact of the repeal of Section 139.5 and related en banc decisions. The Board also encouraged informal resolution of the disputed issues.
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