CompFox AI Summary
The Workers' Compensation Appeals Board affirmed a judge's decision denying a cumulative trauma injury claim and awarding 13% permanent disability for a back injury. The Appeals Board found that the applicant's vocational expert's testimony regarding diminished future earning capacity was not substantial evidence, as it did not properly address or rebut the 2005 Permanent Disability Rating Schedule. The Board specifically cited Boughner v. Comp USA, Inc., holding that the applicant failed to demonstrate the 2005 PDRS was arbitrary or capricious, thus upholding its presumptive validity.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed a judge's decision denying a cumulative trauma injury claim and awarding 13% permanent disability for a back injury. The Appeals Board found that the applicant's vocational expert's testimony regarding diminished future earning capacity was not substantial evidence, as it did not properly address or rebut the 2005 Permanent Disability Rating Schedule. The Board specifically cited Boughner v. Comp USA, Inc., holding that the applicant failed to demonstrate the 2005 PDRS was arbitrary or capricious, thus upholding its presumptive validity.
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