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Special Report - Nunes v. State of California, Dept. of Motor Vehicles: Vocational Apportionment Invalid

Posted by Sure S. Log on Jun 23, 2023 9:00:00 AM

It has long been recognized that an employee's ability to participate in vocational retraining is a significant factor that must be considered in assessing the worker's permanent disability. (LeBoeuf v. WCAB (1983) 48 CCC 587, 597.) An employee's inability to compete in the open labor market could support an award of permanent total disability. Even though vocational rehabilitation was repealed and replaced with the supplemental job displacement benefit, an employee still can rebut a scheduled rating by establishing that he or she was not amenable to rehabilitation. (Ogilvie v. WCAB (2011) 76 CCC 624.) That's commonly done with evidence from vocational experts.

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Topics: Apportionment, permanent total disability, PTD, Vocational Retraining, Medical Evidence

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