Applicant is deemed one hundred percent disabled with no need for apportionment
- Posted By: Harvey Brown
- December 28, 2020
This is a Board panel decision
This is a very significant case for workers’ compensation principles.
The applicant suffered an injury to his head, neck, back, shoulders, circulatory system,and psyche as aresult of an industrial motor vehicle accident.
The applicant saw multiple doctors including a primary care physician (PTP), neurological Qualified medical examiner (QME), and psychological Qualified medical examiner.
The psychological Qualified medical examiner apportioned 5 per cent to non industrial causes. A vocations expert testified the applicant was 100 per cent totally disabled.
The case went to trial. The Workers” Compensation Judge (WCJ) found that the applicant was 100 percent disabled and there was no legal basis for apportionment. The WCJ declined to follow the apportionment found by the psychological qualified medical examiner.
The defendant filed a petition for reconsideration. The Workers’ Compensation Appeals Board (WCAB) reviewed the report of the psychologist They determined that the apportionment was not legal apportionment.
The psychologist did not explain how and why the apportionment contributed to his permanent disability.
Based on the opinions of the QME, PTP and vocational expert the applicant was deemed to be 100 per cent disabled.
Valdes v. City of Torrance
Samuelsen, Gonzalez, Valenzuela & Brown
3501 Jamboree Suite 602
Newport Beach, Ca 92660