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LFLM Workers’ Compensation Newsletter – December 2021

LFLM is proud to share our new LFLM December 2021 Workers’ Compensation Newsletter 

Our Articles in this edition of the Newsletter:

The Rise of Rebutting the PDRS and Derailing the Path to a 100% Award

The 2021 Summer CAAA Convention took place virtually, and while we always anticipate permanent disability will be a hot topic, this year’s Convention “zoomed” straight to strategies on achieving higher permanent disability awards. The Convention focused on using vocational evidence to achieve a 100% award. This unsurprisingly coincides with the seeming reemergence of applicant attorneys using vocational evidence to significantly increase permanent disability that we are already seeing in 2021.

Several foundational cases have laid the groundwork that (1) vocational evidence can be utilized to rebut the permanent disability rating schedule (PDRS); and (2) what vocational evidence must contain to successfully rebut the PDRS.  These seminal cases include Mihesuah v. WCAB (1976) 55 Cal. App. 3d 270; Richard LeBoeuf v. WCAB (1983) 34 Cal. 3d 234; Gill v. WCAB (1985) 167 Cal. App. 3d 306; Ogilvie v. WCAB (2011) 197 Cal. App. 4th 1262; and Contra Costa County v. WCAB (Dahl) (2015) 240 Cal. App. 4th 746.

Read more of this article here (Download our Newsletter) or Online (via our website)

Written By:

Trisha A. Toyne, Esq. of our LFLM-San Diego Office

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Laughlin, Falbo, Levy & Moresi, LLP.