Appellate Court Vacates, Remands PD Rating For Lack of Evidence

Less than a week after urging applicants' attorneys to stringently question physicians'  apportionment conclusions while sitting on a California Applicants' Attorneys' Association panel, a high profile attorney won a remand from an appellate court for doing exactly that. The 3rd Appellate District Court of Appeals vacated and remanded a Workers' Compensation Appeals Board apportionment decision in Seabright Ins. Co. v. WCAB (Fitzpatrick), No. C055227, 1/29/08. The court determined that a physician's  apportionment of 10% of the claimant's disability to her...