In a recent en banc decision, the Workers’ Compensation Appeals Board (WCAB) has affirmed its position against “vocational apportionment”. This decision was made public on June 22, 2023, in the case of Grace Nunes v. State of California, Dept. of Motor Vehicles, legally uninsured; State Compensation Insurance Fund (ADJ8210063; ADJ8621818). Vogational apportionment can be a complex issue, and the WCAB’s clarification is very helpful.More details here.
The WCAB firmly asserted that vocational evidence must properly address apportionment, and it is not permissible to substitute ‘vocational apportionment’ for an otherwise valid medical apportionment. This enforceable decision demonstrates the WCAB’s commitment to establishing clear and precise guidelines concerning vocational apportionment.
The ruling carries both immediate and long-term implications for how vocational evidence is managed within the context of a workers’ compensation claim. One crucial consequence is that vocational experts may need to adjust their method of operating within the system, focusing more on aligning their evaluations with medical apportionment frameworks.
The WCAB’s unambiguous stance on this issue signals a key shift in its approach towards workers’ compensation claims. As with all areas of legal practice, remaining abreast of these changes is crucial for legal professionals dealing with workers’ compensation claims.