The First District Court of Appeal’s opinion muddies the waters and inspires litigation. Applicants have no clear path for rebutting the scheduled diminished future earning capacity, but this case — by giving applicants three vague methods — certainly should inspire the California Applicants’ Attorneys Association to believe a rebuttal can be accomplished. The defense, on the other hand, is not left without weapons and defenses — but California’s employers are rightly more interested in consistency, uniformity and objectivity than expensive trial tactics.
Rosa Moran was sworn-in as the Administrative Director of the Division of Workers’ Compensation on July 25th. The entire industry should wish Ms. Moran good luck and God’s speed as she takes on the task creating a new and improved Permanent Disability Rating Schedule that stops the permanent disability litigation craze called Ogilvie.