CompFox AI Summary
The Workers' Compensation Appeals Board affirmed a prior decision finding an applicant sustained an industrial injury to her right shoulder resulting in 8% permanent disability and awarded permanent disability indemnity and future medical treatment. The defendant employer sought a 15% decrease in permanent disability indemnity under Labor Code § 4658(d), arguing they offered the applicant regular work within the statutory timeframe. The Board, relying on City of Sebastopol v. Workers' Comp. Appeals Bd. (Braga), held that the 15% reduction is not applicable when the employee has not lost any work time and continues in their regular employment. This is because the legislative purpose of § 4658(d) is to incentivize employers to facilitate a return to work, a purpose not served when the employee never left their job.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed a prior decision finding an applicant sustained an industrial injury to her right shoulder resulting in 8% permanent disability and awarded permanent disability indemnity and future medical treatment. The defendant employer sought a 15% decrease in permanent disability indemnity under Labor Code § 4658(d), arguing they offered the applicant regular work within the statutory timeframe. The Board, relying on City of Sebastopol v. Workers' Comp. Appeals Bd. (Braga), held that the 15% reduction is not applicable when the employee has not lost any work time and continues in their regular employment. This is because the legislative purpose of § 4658(d) is to incentivize employers to facilitate a return to work, a purpose not served when the employee never left their job.
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