FREE DOWNLOAD: Cortez v. Fru-Con (Calif. WCAB panel) (Ogilvie analysis)

Joaquin Cortez v. Fru-Con Construction Corporation

Permanent Disability—Rating—Diminished Future Earning Capacity—WCAB held that report of vocational expert did not constitute substantial evidence under Ogilivie v. City and County of San Francisco (2009) 74 Cal. Comp. Cases 1127 (Appeals Board en banc opinion) to support WCJ’s determination that applicant/construction laborer with 12/9/2004 bilateral knee injury suffered 54 percent permanent disability and to rebut scheduled 13 percent permanent disability rating for applicant’s injury, when WCAB found that expert’s vocational testing, opinion and calculations did not establish an individualized adjustment factor which most accurately reflected applicant’s diminished future earning capacity (DFEC) as calculations did not meet requirements of  Labor Code § 4660(b)(2) and were unsupported by applicant’s actual pre-injury work history and proposed loss of post-injury earnings. © Copyright 2010 LexisNexis. All rights reserved.

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Attachment: CORTEZ_JOAQUIN.pdf