Appellate court outlines rebuttable parameters
California's 1st District Court of Appeal recently upheld a permanently injured worker's right to rebut scheduled disability benefits.
The court cited the following reasons to challenge the ratings:
- Factual errors -- where it can be shown there is a factual error in the application of the DFEC tables or the preparation of the permanent disability rating schedule.
- Rehab impossibility -- where it is demonstrated that, due to industrial injury, the employee is not amendable to rehabilitation.
- Complicating factors -- evidence that the nature or severity of the injury is not captured within the sampling of disabled workers that was used to compute the adjustment factor.
October 3, 2011
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