In determining the degree of Permanent Disability the medical examiner may consider the synergistic effect of applicant’s injury, any surgeries, whether further surgery would be beneficial, the effects of pain medication and the conclusion of a vocational rehabilitation expert that the applicant is not feasible for vocational retraining and has no future earning capacity, and is thus, permanently totally disabled.
In Regards To Total Permanent Disability
Regents of the University of California V WCAB (2011) 76 CCC 1237. Applicant found to be Permanently Totally Disabled(PTD) based on her inability to engage in gainful employment in the open labor market. Of significance was the judge’s determination that no apportionment to prior injuries was warranted because apportionment is not appropriate when PTD is based on the inability to compete in the open labor market