Diagnostic and SCIF
issues En Banc decision regarding
testimony to rebut rating schedule
decision of the
Workers"
Compensation
Appeals Board.
impact. The applicant
apparently had an
tried. The Workers'
Compensation Judge (WCJ)
found the applicant six per cent
applicant presented rebuttal
evidence to the Permanent
Disability Rating schedule
(PDRS). This was done by using
a vocational rehabilitation
consultant.
en banc decision indicated that
the parties are allowed under
Labor Code section 4600 to
present rebuttal evidence to the
PDRS. Nothing in SB899
changed that concept. Surprising,
the Board cited LeBoeuf V.
WCAB.
bear the cost of this testimony.
The Board analyzed Labor Code
section 5811 and determined that
the cost may be assessed to the
defendant.
qualify as an expert for their
report and/or testimony to be
admitted. They discuss what type
of opinion the expert may
present. They indicate that the
testimony of a vocational
rehabilitation counselor may
address diminished earning
capacity, however, the
qualifications of each expert must
be determined on a case by case
basis. The cost of this under 5811
should be balanced against the
result obtained.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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