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California: SB 863 and Benson

By Robert G. Rassp, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Call me weird, obsessed, bored, or deeply disturbed but recently while I was on my almost daily four-mile hike in the hills of Porter Ranch, I was thinking about...

Five Medical Reports Found Insufficient to Trigger Use of 1997 Rating Schedule: Cal. Comp. Cases July Advanced Postings (7/3/2013)

Here are the first and second batches of advanced postings for the July 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Barbara Sharon, Petitioner...

California: Rating Multiple Disabilities Using the Combined Values Chart

A recent noteworthy panel decision provides guidance on the WCJ’s Role vs. the Medical Expert’s role A California WCAB panel has rescinded a Workers’ Compensation Judge’s (WCJ) finding that an applicant sustained 73 percent permanent disability as result of a 5/29/2009 industrial...

California: Combined Values Chart – Guide or Mandate?

The Combined Values Chart (CVC) is included in the 2005 Permanent Disability Rating Schedule (PDRS) as the tool for parties to use to add impairments. The form of mathematics is a bit odd. Under the CVC, 30 + 20 = 44. And 80 + 30 = 86. Some have wondered if this was part of the new “core curriculum”...

California: Dahl Reversed, Ability to Be Rehabilitated Key to Rebuttal of PDRS

The First Appellate District has issued its much anticipated decision in Contra Costa County v W.C.A.B. (Dahl) today. The court reversed the W.C.A.B. decision awarding 79% permanent disability in reliance upon vocation testimony holding that the expert testimony failed to meet the criterion set out in...

California: The Limited Use of Vocational Rehabilitation Evidence: The Shape of Things to Come Under Dahl

In Mesanovic v. Specialty Termite , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s finding that the applicant carpenter who suffered an industrial injury to his low back and psyche on 7/13/2007 did not rebut the diminished future earning capacity (DFEC) adjustment factor in the...