Applicant Magdalena Llena sustained a specific industrial injury on February 8, 2008 while employed by Macy's (self-insured, administered by Sedgwick), affecting numerous body parts. The WCJ found her permanently and totally disabled (100%) based on a 99% scheduled rating combined with her inability to compete in the open labor market, set average weekly earnings at $520 based on earning capacity under Labor Code section 4453(c)(4), and found no basis for apportionment. Defendant petitioned for reconsideration challenging the earnings determination, the PTD finding, reliance on Dr. Butler's and the vocational expert's opinions, rejection of apportionment, and the commencement date/rate of benefits. The Appeals Board mostly affirmed, upholding the earning capacity determination, the PTD finding, and the rejection of apportionment, but found the permanent disability benefit rate required clarification (a discrepancy between the DES rate of $319.39 and the awarded $346.66). The Board rescinded and deferred the compensation rate and attorney's fee findings and remanded to the WCJ for further proceedings.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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