Dahl Reversed, Ability to be Rehabilitated Key to Rebuttal of PDRS

The California 1st Appellate District issued its much anticipated decision in Contra Costa County v. WCAB (Dahl) on Sept. 24. The court reversed the Workers' Compensation Appeals Board decision awarding 79% permanent disability in reliance upon vocational testimony holding that the expert testimony failed to meet the criterion set out in Ogilvie v. WCAB. In reversing the WCAB, the court has dramatically changed the landscape of what it means to rebut the Permanent Disability Rating Schedule. The case has been remanded to the WCAB for further proceedings.   The court noted un...