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Can Work Comp Appeals Board order retirement?
#5
yes:
"4659.
(a) If the permanent disability is at least 70 percent, but less than 100 percent, 1.5 percent of the average weekly earnings for each 1 percent of disability in excess of 60 percent is to be paid during the remainder of life, after payment for the maximum number of weeks specified in Section 4658 has been made."
California generally does not use an FCE; California uses the AMA guides for rating. Many FCE factors are different.
However there is case law that allows the court to interpret permanent impairment outside of the the strict AMA guidelines.
Your atty would have to show with persuasive medical evidence to the court that the rating in your case should be modified. it is a rare and difficult standard to meet and would likely require multiple appeals.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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RE: Can Work Comp Appeals Board order retirement? - 1171 - 06-01-2020, 04:18 PM

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