CompFox AI Summary
The Workers' Compensation Appeals Board denied Terry Gibbs' petition for reconsideration. The Board adopted the Administrative Law Judge's report, which concluded that Labor Code Section 4664(c)(1)(G) legally capped Gibbs' permanent disability award. This cap applied because Gibbs had a prior award for a different injury, and the current renal system injury falls under a category limited by the statute. The Board cannot declare a statute unconstitutional and must follow it until an appellate court rules otherwise.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Terry Gibbs' petition for reconsideration. The Board adopted the Administrative Law Judge's report, which concluded that Labor Code Section 4664(c)(1)(G) legally capped Gibbs' permanent disability award. This cap applied because Gibbs had a prior award for a different injury, and the current renal system injury falls under a category limited by the statute. The Board cannot declare a statute unconstitutional and must follow it until an appellate court rules otherwise.
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