CompFox AI Summary
This case concerns applicant Veronica Olejniczak's petition for reconsideration of a workers' compensation award for a 1997 injury. The applicant argued for permanent total disability based on chronic pain and inability to compete in the labor market, citing medical opinions. The Board affirmed the original award, finding the WCJ correctly applied the 2005 Permanent Disability Rating Schedule, which mandates the use of the AMA Guides for impairment ratings. The Board clarified that diminished ability to compete in the open labor market is no longer a factor under current law, with earning capacity now being assessed via a statutory formula.
Full Decision Text1 Pages
This case concerns applicant Veronica Olejniczak's petition for reconsideration of a workers' compensation award for a 1997 injury. The applicant argued for permanent total disability based on chronic pain and inability to compete in the labor market, citing medical opinions. The Board affirmed the original award, finding the WCJ correctly applied the 2005 Permanent Disability Rating Schedule, which mandates the use of the AMA Guides for impairment ratings. The Board clarified that diminished ability to compete in the open labor market is no longer a factor under current law, with earning capacity now being assessed via a statutory formula.
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