Ogilvie v. Workers' Compensation Appeals Board

Opinion

SIGGINS, J.

Labor Code section 4660, subdivision (c)1 provides that the California permanent disability rating schedule (rating schedule) is “prima facie evidence” of the percentage of permanent disability to be attributed to an employee’s work-related injury in a workers’ compensation case. The core issue presented here is: What showing is required by an employee who contests a scheduled rating on the basis that the employee’s diminished future earning capacity is different than the earning capacity used to arrive at the scheduled rating? Because we cannot conclude on this record…