CompFox AI Summary
The Workers' Compensation Appeals Board affirmed the prior decision awarding applicant 19% permanent disability for each upper extremity, rejecting the "loss of use" rating methodology. Applicant's contention that the Agreed Medical Evaluator's (AME) rating should have been higher based on a loss of use analogy was deemed unsubstantiated and inconsistent with AMA Guides principles. The Board remanded the case to the trial level to address the applicability of Labor Code section 4658(d) and attorney's fees.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed the prior decision awarding applicant 19% permanent disability for each upper extremity, rejecting the "loss of use" rating methodology. Applicant's contention that the Agreed Medical Evaluator's (AME) rating should have been higher based on a loss of use analogy was deemed unsubstantiated and inconsistent with AMA Guides principles. The Board remanded the case to the trial level to address the applicability of Labor Code section 4658(d) and attorney's fees.
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