Cases determining the nature and extent of residual disability can be illuminated by medical evaluating assessments consistent with the Permanent Disability Rating Schedule.
Whether or not the rating schedule adequately and accurately compensates the individual for the true nature and extent of loss of access to the open labor market, however, has been the subject of multiple cases that have gone through the courts for determination.
On balance, the California Court of Appeal has confirmed that the presumptive character of the Permanent Disability Rating Schedule is rebuttable upon a showing of evidence sufficient to justify a more accurate assessment of permanent partial or permanent total disability in accordance with the facts (see Labor Code §4662(b) and Contra Costa County v WCAB (Dahl) (2015) 240 Cal. App. 4th 746; 80 Cal. Comp. Cases 1119; Manvelian v Edris Plastics Manufacturing (2021) Cal. Work. Comp. P.D. LEXIS 298).
Thus, while it’s attractive to look to the medical doctors to determine the extent of permanent compensable disability due to the effects of an industrial injury, a robust presentation of evidence that goes beyond the conclusions of medical doctors or psychiatric physicians, can be achieved in consultation with vocational expertise.
Injured parties have a qualified right to secure vocational expert opinion evidence analyzing compensable consequences of an industrial injury where it affects employability in the open labor market. In many cases, we carefully explore retaining expert opinion evidence on the subject of compensable consequences of industrial injury, both medically and vocationally.
Mr. Bloom at the Work Injury Law Center has over 40 years of experience working on complex and simple workplace injury cases. To contact The Law Office of John Bloom and win the compensation you deserve, call (707) 524-1144.