En Banc WCAB Denies Reconsideration of Nunes Decision

The California Workers’ Compensation Appeals Board sitting en banc denied a petition to reconsider a decision it issued in June holding that so-called “vocational apportionment” can’t supplant otherwise valid medical apportionment. “We reject applicant’s contention that a vocational expert may substitute a competing theory of apportionment in place of otherwise valid legal apportionment as inconsistent with statutory and case law authority,” the WCAB said Tuesday in Nunes v. California Department of Motor Vehicles. In the first en banc Nunes decision...