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

Agency penalized for excluding contractors from coverage (03/22/12)
Wage-loss benefits not offset by worker's disability retirement benefits (08/06/12)
WCRI studies show recessionary impacts on state comp systems (01/05/12)
Employer without insurance not immune from suit (05/31/11)
Latest Ogilvie decision causes new uncertainties in permanent disability (10/03/11)

Newsletter Sign-up