CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address the applicability of Labor Code section 4658(d), which imposes a 15% increase in permanent disability for employers failing to offer suitable work. The Board found the Administrative Law Judge erred in applying this section without sufficient evidence establishing the employer's employee count. The case is remanded for further development of the record regarding the 15% increase and attorney's fees, while affirming the 88% permanent disability finding.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address the applicability of Labor Code section 4658(d), which imposes a 15% increase in permanent disability for employers failing to offer suitable work. The Board found the Administrative Law Judge erred in applying this section without sufficient evidence establishing the employer's employee count. The case is remanded for further development of the record regarding the 15% increase and attorney's fees, while affirming the 88% permanent disability finding.
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