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Labor/Employment

Jun. 10, 2019

WCAB analysis invites a revival of compensable consequence claims injuries

The Workers’ Compensation Appeals Board recently held in an en banc decision that multiple factors, some of which are entirely subjective, must be considered by a court making the determination whether an injury is catastrophic and therefore qualifies for an award of permanent disability.

Shannon M. Blair

Partner
Haight Brown & Bonesteel LLP

Email: sblair@hbblaw.com

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Elizabeth A. Epstein

Associate
Haight Brown & Bonesteel LLP

Elizabeth is a member of the Employment & Labor Practice Group and focuses her practice on workers' compensation.

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The Workers' Compensation Appeals Board for the first time interpreted a word in the California Labor Code, and its analysis may have a significant financial impact on the California workers' compensation system. In Wilson v. State of California Department of Forestry and Fire Protection, the WCAB held in an en banc decision that multiple factors, some of which are entirely subjective, must be considered by a court making the determination ...

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