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Old vs New Schedule (California) (California)

PostPosted: Mon Mar 09, 2009 1:46 pm
by kkingdon@kingdonrating.net
We now know that not only is the new schedule rebuttable because it is only prima facie evidence, but we now also know that the old schedule was always rebuttable because it too is only prima facie evidence.
Applicant attorney's high wage earner blue collar clients often suffer a substantial loss of income from their injuries, and are one group that was often short changed under the old schedule. The same criteria provided by Almaraz applies in there cases as well. The applicant attorney should consider all relevant factors, including wage loss, when determining a fair disability rating for these and other clients similarly unfairly rated under the old schedule.
Employers who pay out large permanent disability awards to applicants who return to U&C can make a similar wage based argument.

In addition, the WCAB has stated that the entire PDRS is rebuttable, and this would include the occupational variant, as well as the age adjustment.