What the panel ordered
The Workers' Compensation Appeals Board affirmed its prior en banc decision regarding the rebuttability of the diminished future earning capacity (DFEC) portion of the 2005 Schedule for Rating Permanent Disabilities.
Petition for reconsideration of the February 3, 2009 en banc decision was filed and granted, leading to this en banc decision clarifying the prior holdings.
This docket was decided more than once. Shown here is the latest released decision; we also hold April 6, 2009, February 3, 2009.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board clarified that the DFEC portion of the 2005 Schedule is rebuttable and that the burden of rebutting a scheduled permanent disability rating rests with the party disputing that rating.
From the decision · page 113 In our February 3, 2009 decision, we held that: (1) the diminished future earning capacity