CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and returned the case to the trial level, rescinding the previous decision. The Board found that the vocational expert's testimony did not adequately explain why the 2005 Permanent Disability Rating Schedule was inadequate, nor did it demonstrate how diminished future earning capacity rebutted the schedule. Therefore, the case requires further development of the record to determine the appropriate rating schedule and whether the applicant sufficiently rebutted the 2005 Schedule.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and returned the case to the trial level, rescinding the previous decision. The Board found that the vocational expert's testimony did not adequately explain why the 2005 Permanent Disability Rating Schedule was inadequate, nor did it demonstrate how diminished future earning capacity rebutted the schedule. Therefore, the case requires further development of the record to determine the appropriate rating schedule and whether the applicant sufficiently rebutted the 2005 Schedule.
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