3rd DCA Clarifies When Rating by Analogy Is Permissible

The California 3rd District Court of Appeal on Thursday ruled that a worker's condition does not need to be "complex" or "extraordinary" for a medical evaluator to rate it by analogy to another impairment, if this will yield the most accurate rating.Eric Ledger of Mastagni, Holdstedt, Amick, Miller & Johnsen, who served as the applicant attorney in the case, said he is considering asking the court to publish the decision so it will become binding case law. The case is City of Sacramento v. WCAB (Cannon), No. C072944.Ledger represented Arthur Cannon, a Sacramento police officer who inju...