CompFox AI Summary
The Workers' Compensation Appeals Board denied Target Stores' petition for reconsideration, affirming the WCJ's award to Sara Martinez-Rodriguez. The Board found Target's argument that the applicant's 2002 absence from work was for personal reasons unsubstantiated, upholding the temporary disability finding. The Board also affirmed the WCJ's use of the 1997 permanent disability rating schedule for the 1998 and 2002 injuries, primarily because Target failed to issue the required Section 4061 notice due to its own misconduct in not paying temporary disability benefits. The Board disagreed with the WCJ's secondary rationale for applying the older schedule based on the AME's post-2005 report, finding it insufficient on its own.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Target Stores' petition for reconsideration, affirming the WCJ's award to Sara Martinez-Rodriguez. The Board found Target's argument that the applicant's 2002 absence from work was for personal reasons unsubstantiated, upholding the temporary disability finding. The Board also affirmed the WCJ's use of the 1997 permanent disability rating schedule for the 1998 and 2002 injuries, primarily because Target failed to issue the required Section 4061 notice due to its own misconduct in not paying temporary disability benefits. The Board disagreed with the WCJ's secondary rationale for applying the older schedule based on the AME's post-2005 report, finding it insufficient on its own.
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