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.

Ex Parte Communication with Judge

Tags: , California Workers Compensation System

Section 10324, California Code of Regulations provides that no document, including letters or other writings, shall be filed by a party or lien claimant with the Worker’s Compensation Appeals Board unless service of a copy thereof is made on all parties together with the filing of a proof of service as provided for in Rule 10505.

AME

Tags: Medical Treatment

AME means Agreed Medical Evaluator, a physician selected by agreement between the defendant and the applicant’s attorney to resolve disputed medical issues.

Claim Form

Tags: , , Labor Code

Labor Code Section 5401. (a) Within one working day of receiving notice or knowledge of injury under Section 5400 or 5402 which injury results in lost time beyond the employee’s work shift at the time of injury or which results in medical treatment beyond first aid, the employer shall provide, personally or by first class mail, a claim form and a notice of potential eligibility for benefits under this division to the injured employee, or in case of death to his or her dependents.

Permanent Disability: Presumption of Total Disability

Tags: , Labor Code

Labor Code Section 4662 Any of the following permanent disabilities shall be conclusively presumed to be total in character:
a Loss of both eyes or the sight thereof;
b Loss of both hands or the use thereof;
c An injury resulting in a practically total paralysis;
d An injury to the brain resulting in incurable mental incapacity or insanity.
In all other cases, permanent total disability shall be determined in accordance with the fact.