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En Banc Board Stands By Analysis for Determining 'Catastrophic Injury'

Tuesday, July 16, 2019 | 1321 | 0 | 163 min read

The Workers’ Compensation Appeals Board will not revisit its prior en banc ruling that a determination of whether a worker suffered a catastrophic injury involves a fact-driven inquiry focused on the nature of the accident. The term “catastrophic injury” is not defined in the Labor Code, but the board issued a decision in Wilson v. State of California in May that outlined five non-exhaustive factors a judge can consider. On Monday, the board ruled that the prior opinion provided an appropriate interpretation of Labor Code Section 4660.1(c)(2)(B), and it denie...

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