California Workers Comp Blog

California Workers Comp Blog

100% Total Permanent Disability

Tags: , , Proceedings

The Limited v WCAB (2012) 77 CCC 1003
It has long been recognized that an injured worker may be found to be 100% permanently disabled when the effects of the industrial injury cause a loss of future earning capacity because the employee is not amendable to vocational rehabilitation and is unable to compete in the open competitive labor market. LeBoeuf v WCAB. As the court wrote in LeBoeuf, permanent disability is the irreversible residual of a work related injury that causes impairment in earning capacity, impairment in the normal use of a member or a handicap in the open labor market. An injured worker may be totally permanently disabled even if he or she may be able to perform some limited work in a sheltered and protected work environment. Sparteck Plastics v WCAB (1998) 64 CCC 124 Garden Grove Unified School Dist. v WCAB (2010) 75 CCC 521. (page 1006).
In this case the court found that it makes no difference that the applicant might be able to perform limited work in a sheltered environment because such work is not generally available in the open labor market.

About brentmthompson

I am a California Workers Comp Attorney blogging to inform those who have been injured at work and are seeking out a legal advocate. Contact my office at 800-400-8321.