News & Analysis as of

Workers’ Compensation Appeals Board (WCAB) En Banc Review

Laughlin, Falbo, Levy & Moresi LLP

WCAB Issues En Banc Decision Providing New Guidelines on Combination of Impairments Via Kite

The WCAB has issued a rare en banc decision providing guidance on the applicant’s burden of proof in rebutting the use of the “Combined Values Chart” (CVC) when combining impairments pursuant to the Kite decision. The WCAB...more

Laughlin, Falbo, Levy & Moresi LLP

WCAB En Banc Doubles Down on Rejection of “Vocational Apportionment” in Nunes II

The WCAB offered clarity on the complex topic of “vocational apportionment” in an en banc decision issued on June 22, 2023: Grace Nunes v. State of California, Dept. of Motor Vehicles, legally uninsured; State Compensation...more

Laughlin, Falbo, Levy & Moresi LLP

WCAB Rejects Concept of “Vocational Apportionment” in Rare En Banc Decision

Further Restrictions on Vocational Apportionment - As most workers’ compensation practitioners can attest, vocational evidence has seen a resurgence in recent years, as the applicant’s bar attempts to obtain Awards of 100%...more

Laughlin, Falbo, Levy & Moresi LLP

Steps to Prevent and Combat a Poorly Written Medical-Legal Report

The WCAB must ground its decisions in substantial evidence. We practitioners must review medical-legal reports and any doctor’s depositions to ensure the medical record, when read as a whole, constitutes substantial evidence....more

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