A decision or award may be increased by up to what amount or percentage, whichever is less?

• A. 50% or $20,000, whichever is greater
• B. 25% or $10,000, whichever is less
• C. 30% or $15,000, whichever is less
• D. 10% or $5,000, whichever is less

Answer: (B)

The amount of any increase is limited by a cap that uses the smaller of two figures: a percentage of the original award and a fixed dollar amount. Here, the rule is 25% or $10,000, whichever is less. So you compare 25% of the current award to $10,000 and take the smaller number as the maximum allowable increase. For example, if the award is $40,000, 25% is $10,000, so the increase can be $10,000. If the award is $60,000, 25% is $15,000, but the cap is $10,000, so the increase is $10,000. If the award is $20,000, 25% is $5,000, which is less than $10,000, so the increase is $5,000.