Home/Case Law/WAYNE LA COSSE vs. CARONE & COMPANY, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

WAYNE LA COSSE vs. CARONE & COMPANY, STATE COMPENSATION INSURANCE FUND

Filed: Apr 25, 2016
ADJ2234332 (OAK 0325654)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to address defendant's objections regarding the application of the 1997 Permanent Disability Rating Schedule and the calculation of attorney's fees. The Board affirmed the WCJ's findings on the industrial injury and permanent disability, finding no error in applying the 1997 schedule or the amount of the attorney's fee. However, the Board rescinded the specific award and orders concerning attorney's fees to allow the WCJ to re-determine the method of commutation based on the applicant's best interests, potentially using a Uniformly Increasing Reduction Method. The case is returned to the trial level for further proceedings and a new determination on attorney's fees.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to address defendant's objections regarding the application of the 1997 Permanent Disability Rating Schedule and the calculation of attorney's fees. The Board affirmed the WCJ's findings on the industrial injury and permanent disability, finding no error in applying the 1997 schedule or the amount of the attorney's fee. However, the Board rescinded the specific award and orders concerning attorney's fees to allow the WCJ to re-determine the method of commutation based on the applicant's best interests, potentially using a Uniformly Increasing Reduction Method. The case is returned to the trial level for further proceedings and a new determination on attorney's fees.

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