A California court of appeals has reversed an earlier decision that sent waves through California’s Workers’ Compensation system.
On July 29, the appellate court of California’s 1st District reversed the outcome of the Ogilivie vs. the Workers’ Compensation Appeals Board, sending the original case back for review.
The original case surrounded one Wanda Ogilivie, who suffered a work injury that eventually led to a knee replacement. She also suffered an injury to her spine, although she chose not to have a spinal fusion. She never returned to work. At issue is whether the method for adjusting workers’ compensation awards to reflect diminished future capacity could be challenged.
The original decision in 2009 ultimately ruled that in some cases, certain evidence could be used to rebut rating permanent disabilities.
The California Workers’ Comp Board decision had an unsettling effect on the workers compensation system, with businesses and insurers making the usual noises about how this expansion of worker rights would impact their bottom line.
As the case has gone back for further review, it is uncertain what the outcome might be.
If you are an injured worker, let the experienced Washington workers comp attorneys at Emery Reddy navigate the ever shifting landscape of workers comp law on your behalf. Contact us today for all workers compensation and labor rights queries.