The First Appellate District reversed a decision of the Workers’ Compensation Appeals Board. The court held that in order to rebut application of the California Permanent Disability Rating Schedule, an injured worker must demonstrate an error in the earning capacity formula, the data, or the result derived from the data in formulating the earning capacity adjustment or, alternatively, show that the rating was incorrectly applied or the disability reflected in the rating schedule was inadequate in light of the effect of the injury.
Wanda Ogilvie was injured while working as a bus driver for the City and County of San Francisco. The injury resulted in permanent disability. Ogilvie applied for workers’ compensation benefits. She was evaluated by two qualified medical examiners, who reached different conclusions.
