MICHAEL SULLIVAN & ASSOCIATES BLOG

Your Resource for the Latest Legal News, Combined with Insights and Recommendations from Our Attorneys

Nunes II: WCAB Upholds Vocational Apportionment as Invalid

Nunes II: WCAB Upholds Vocational Apportionment as Invalid

On June 22, 2023, in Nunes v. State of California, Dept. of Motor Vehicles,[1] the Workers' Compensation Appeals Board (WCAB) issued an en banc holding that:

  1. Labor Code § 4663 "requires a reporting physician to make an apportionment determination and prescribes the standard for apportionment. The Labor Code makes no statutory provision for 'vocational apportionment.'"
  2. "Vocational evidence may be used to address issues relevant to the determination of permanent disability."
  3. "Vocational evidence must address apportionment, and may not substitute impermissible 'vocational apportionment' in place of otherwise valid medical apportionment."

Fun in the Sun at Sedgwick’s Rancho Cordova Sprit Week

Fun in the Sun at Sedgwick’s Rancho Cordova Sprit Week

MS&A enjoyed visiting Sedgwick’s Rancho Cordova office on “Sports Fan” day during its summer Spirit Week! Shave Ice “won” the day with cool treats!

If you'd like to join MS&A at one of our upcoming events, just follow us on one of our social media channels--we're on LinkedIn, Instagram, Facebook, and Twitter. We'd love to have you attend one of our events!

How To Handle Pending Appeals Following Earley v. WCAB

How To Handle Pending Appeals Following Earley v. WCAB

On Aug. 1, 2023, the 2nd District Court of Appeal issued its decision in Earley v. WCAB invalidating the long-standing practice of the Workers' Compensation Appeals Board (WCAB) to grant petitions for reconsideration without first deciding whether reconsideration is warranted. The court held that grant-for-study orders violated Labor Code § 5908.5. But it also held that the WCAB is not required to issue a final ruling on the merits within 60 days. This case was discussed in detail in our previous article.[1]

July 2023 Rhino Round-Up

July 2023 Rhino Round-Up

It's time for the July Rhino Round-up! Summer is here and we enjoyed some great events with our clients and colleagues, while simmering in the California sunshine.

If you'd like to join MS&A at one of our upcoming events, just follow us on one of our social media channels--we're on LinkedIn, Instagram, Facebook, and Twitter. We'd love to have you attend one of our events!