CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award. The Board found the applicant failed to rebut the scheduled Diminished Future Earning Capacity (DFEC) adjustment factor. Consequently, the case is returned for recalculation of permanent disability using the scheduled DFEC, and correction of temporary disability dates and attorney's fees. The decision emphasizes the applicant's burden to provide substantial evidence for DFEC rebuttal, which was not met here.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award. The Board found the applicant failed to rebut the scheduled Diminished Future Earning Capacity (DFEC) adjustment factor. Consequently, the case is returned for recalculation of permanent disability using the scheduled DFEC, and correction of temporary disability dates and attorney's fees. The decision emphasizes the applicant's burden to provide substantial evidence for DFEC rebuttal, which was not met here.
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