
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:
- 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.'"
- "Vocational evidence may be used to address issues relevant to the determination of permanent disability."
- "Vocational evidence must address apportionment, and may not substitute impermissible 'vocational apportionment' in place of otherwise valid medical apportionment."