Alejandro Alvarado v. Champion Fire Protection
Permanent Disability—Rating—Diminished Future Earning Capacity—WCAB granted defendant's petition for removal from WCJ's Order instructing defendant to produce evidence to allow analysis under Ogilvie v. City and County of San Francisco (2009) 74 Cal. Comp. Cases 1127 (Appeals Board en banc opinion) as it pertained to adequacy of compromise and release under which applicant/fire sprinkler fitter with 11/2/2007 injury to right wrist and ribs sought to settle his claim for permanent disability based upon panel qualified medical evaluator's (QME) report rated at 20 percent, when WCAB found that Ogilvie, which sets forth method by which party may rebut diminished future earning capacity (DFEC) portion of 2005 Permanent Disability Rating Schedule, places burden of rebutting a scheduled permanent disability rating on party disputing rating, that defendant did not have burden of producing evidence to rebut QME report, and that pending determination of adequacy of compromise and release based upon existing record, WCJ's Order requiring defendant to obtain information on Ogilvie issue was premature. © Copyright 2009 LexisNexis. All rights reserved.
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